1. Employee and Employer Contributions
This 401(k) plan likely contains both employee contributions (the portion the participant deferred from their paycheck) and employer contributions (profits the company chose to share). Under divorce law, both types of contributions earned during the marriage are generally subject to division.
However, it’s common for employer contributions to have a vesting schedule. If your spouse hasn’t worked long enough at Larry young paving, Inc.. profit sharing & 401(k) plan to vest fully, the unvested portion may be lost and not payable to either party. This should be clearly addressed in the QDRO.

