1. Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer contributions (either matching or discretionary). In a divorce, each contribution type must be addressed.
- Employee contributions are 100% vested by default.
- Employer contributions may be subject to a vesting schedule—meaning only a portion may be available for division.
The QDRO must clearly state how to handle unvested amounts, and what to do with any future vesting (this is typically not awarded to the alternate payee).

