Employee vs. Employer Contributions
401(k) plans typically consist of salary deferrals (employee contributions) and matching or profit-sharing funds (employer contributions). Not all of the employer contributions may be vested at the time of divorce. That’s crucial. Only vested amounts can be divided via QDRO unless otherwise agreed. Divorce attorneys often overlook this detail. Make sure the statement reflects vested and non-vested balances separately for accurate division.

