1. Employee vs. Employer Contributions
Most 401(k) plans include both employee pretax contributions and employer matching or profit-sharing contributions. While all employee contributions are considered marital if earned during the marriage, employer contributions could be subject to vesting schedules. Unvested funds may be forfeited if the employee leaves the company before meeting service milestones.
Be sure your QDRO details how to treat unvested employer contributions. Many spouses mistakenly assume they’ll get half of the full account balance—not realizing some portions may not be legally available due to lack of vesting.

