1. Dividing Employee and Employer Contributions
Most 401(k) plans include both employee contributions (money you defer from your paycheck) and employer matching or profit-sharing contributions. In divorce, both types of funds may be divisible. However, only the vested portion of employer contributions can be awarded to a former spouse.
Make sure the QDRO clearly indicates whether the alternate payee will receive a portion of just the participant’s deferrals, the matching contributions, or both.

