1. Employee and Employer Contributions
Most 401(k) plans include salary deferrals made by the employee and matching or profit-sharing contributions made by the employer. It’s critical to know how much of the employer’s contributions are vested at the time of divorce. Only vested amounts can be divided through a QDRO.
Unvested employer contributions typically revert to the plan if the employee separates before fully vesting. Your QDRO should account for this by either excluding unvested amounts or stating how to address changes in vesting after the divorce date.

