Employee and Employer Contributions
One of the most important elements in dividing a 401(k) is separating employee contributions (what the participant put in) from employer contributions (matching or profit sharing). Often, employer contributions are subject to vesting schedules, meaning the participant may not be entitled to the full amount yet. A properly drafted QDRO will address these distinctions and ensure the alternate payee (the ex-spouse) only receives the percentage of the account that is marital and vested.

