1. Employee and Employer Contributions
401(k) plans often include both employee contributions and employer matches. It’s not uncommon for each to be treated differently in divorce.
- Employee Contributions: These are typically 100% vested and can usually be divided based on the marital share.
- Employer Contributions: These may be subject to a vesting schedule. Your QDRO should clearly identify what portion of employer contributions are marital and how to handle any unvested portions.

