Employee and Employer Contributions
401(k) plans often include both employee and employer contributions. A common mistake is assuming you get half of everything. In reality, you are entitled to the marital portion. The QDRO should specify whether each contribution source is being divided separately or combined.
Employer contributions may be subject to a vesting schedule. That means a portion of the retirement account might not belong to the plan participant yet—and therefore wouldn’t be available for division. The QDRO must clearly define whether unvested amounts are excluded or included with continued post-divorce monitoring.

