Employee and Employer Contributions
In most 401(k) plans, the account balance includes both employee deferrals and employer matching or profit-sharing contributions. A QDRO must clarify whether the division includes just employee contributions, or both employee and employer-funded portions.
It’s also essential to check the vesting schedule. Unlike employee contributions, employer contributions usually vest over time. The non-employee spouse is only entitled to the vested portion as of the specified division date—often the date of separation or divorce filing.

