Employee and Employer Contributions
With most 401(k) plans—like the James A. Scott & Son, Inc.. Retirement Savings Plan—the account includes both employee deferrals and employer matching contributions. Depending on the vesting schedule, not all employer-funded contributions may be marital property. It’s crucial to check the Plan’s Summary Plan Description (SPD) to determine how long the participant must work before employer contributions are fully vested.
In your QDRO, make sure you’re identifying exactly what portion of the account should be divided. In many cases, the participant may keep any unvested employer contributions that will be forfeited upon termination.

