Employee and Employer Contributions
401(k) accounts include employee contributions (from the participant’s paycheck) and often matching employer contributions. The non-employee spouse (“alternate payee”) is typically awarded a portion of the balance accrued during marriage.
However, employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested, some of the employer contributions may be excluded from division or may be forfeited if the employee leaves the company. The QDRO should clearly identify whether only vested balances are being divided and whether non-vested portions should be excluded now or divided if they become vested later.

