Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and the employer. In a divorce, you can typically divide both types. However, employer contributions may be subject to a vesting schedule, meaning they gradually belong to the participant over time. If your QDRO doesn’t account for this, the alternate payee could be awarded funds that don’t legally belong to the participant yet—or you might miss out on benefits you should have claimed.

