Employee vs. Employer Contributions
In this plan, like most 401(k)s, there are likely two funding sources:
- Employee contributions: The portion the participant defers from payroll.
- Employer contributions: Such as a matching contribution or profit-sharing.
While employee contributions are usually 100% vested, employer contributions may be subject to a vesting schedule. When defining how to split the plan, you need clarity on whether to include just the vested balance or apply different logic if vesting continues after divorce. Your QDRO must be clear on this point to ensure proper enforcement.

