1. Employee and Employer Contributions
In most 401(k) plans, both the employee (participant) and employer contribute funds. In a divorce, it’s important to clarify whether both types of contributions will be divided, and if so, in what proportions.
- Employee Contributions: These are 100% vested and typically divided per the marital period stated in the QDRO.
- Employer Contributions: May be subject to a vesting schedule. If not fully vested at the time of divorce, an alternate payee may not receive the full share. The QDRO needs to address this explicitly.

