Employee vs. Employer Contributions
Most 401(k) plans consist of contributions made by the employee and matching contributions from the employer. In divorces, both types of contributions are typically subject to division, but employer match amounts depend on whether they have vested.
If the participant hasn’t met the time-based service requirements, some employer contributions may be unvested—and unvested assets are generally off the table. The QDRO must clearly state whether the alternate payee will share only in vested balances or if additional provisions apply. Make sure your attorney understands exactly how to determine the vested portion before drafting your order.

