1. Employee and Employer Contributions
401(k) plans often include:
- Employee deferrals (your contributions from each paycheck)
- Employer contributions (such as matching or profit-sharing)
Both types of contributions are subject to division, but employer contributions may have a vesting schedule. One common issue is that spouses assume all the money in the plan is owned outright. That’s not always true. If an employer contribution isn’t fully vested at the time of divorce, the non-employee spouse may have no claim to it—or a reduced share.
A well-drafted QDRO will clarify what amounts are divided, whether vested only or both vested and unvested contributions are included, and how forfeitures are handled.

