1. Dividing Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions. In a divorce, it’s vital to clarify what portion of both types of contributions will be included in the benefit division.
The QDRO will need to specify whether the distribution applies only to the “marital portion” (i.e., amounts earned during the marriage), or the entire account balance as of a specific date. Employer contributions may also be subject to vesting, requiring close review of the plan’s terms to confirm what portion is available for division.

