1. Employee vs. Employer Contributions
Both the employee and the employer may contribute to 401(k) accounts, but not all employer contributions are guaranteed. These contributions often follow a vesting schedule tied to the employee’s years of service. When dividing the plan, non-vested employer contributions aren’t typically considered marital property and usually aren’t included in the QDRO award unless otherwise negotiated. It’s important that your QDRO clearly defines only the marital or vested balance at the time of division.

