1. Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (from salary deferrals) and employer contributions (like matching or profit-sharing). Generally, employee contributions are fully owned by the participant, but employer contributions may be subject to a vesting schedule. This means the participant must meet certain work requirements to keep the employer’s contributions.
The QDRO should clearly outline how both types of contributions are divided—and whether unvested employer contributions are included in the marital split. If employer contributions aren’t fully vested at the time of divorce, your share may be less than anticipated.

