Employee and Employer Contributions
Most 401(k) accounts contain both employee deferrals and employer matching or profit-sharing contributions. These can get complicated if the employer contributions are subject to a vesting schedule. If the divorce occurs before full vesting, the non-employee spouse (alternate payee) may not be entitled to the entire balance.
Make sure the QDRO reflects:
- Whether only the vested balance should be divided
- How gains and losses should be handled until the division date
- If employer contributions are included or excluded

