Employee and Employer Contributions
401(k) accounts typically include both employee deferrals and employer contributions (such as matching funds). Employer contributions may be subject to vesting schedules, which affect what portion of the benefit is transferable.
A well-drafted QDRO accounts for this by:
- Identifying the marital portion of employee contributions
- Excluding unvested employer contributions at the valuation date
- Clarifying how post-divorce contributions are handled (usually retained solely by the employee)

