Employee and Employer Contributions
In most 401(k) plans, employees make contributions from their paycheck, and employers may also contribute (matching or profit-sharing contributions). In divorce, the QDRO can assign a percentage or exact dollar amount of the employee’s contributions and the employer’s contributions to the alternate payee.
However, employer contributions may be subject to a vesting schedule. Unvested contributions are typically not included in the marital portion and can’t be awarded unless the participant becomes fully vested before the QDRO is approved and implemented.

