1. Employee vs. Employer Contributions
A 401(k) account consists of contributions made by the employee (deferral from salary) and possibly matching or profit-sharing contributions from the employer. In many cases, employer contributions are subject to a vesting schedule. If a portion of the employer contributions is unvested at the time of divorce, that portion may be excluded or treated differently under the QDRO. The QDRO must carefully address whether you’re dividing only vested assets or also including amounts that may vest in the future.

