Employee vs. Employer Contributions
In a typical 401(k) like the Uship, Inc.. 401(k) Plan, both employee deferrals and employer matching contributions are present. Only the marital portion of the account is usually subject to division. Usually, that means the portion earned between the date of marriage and the date of separation or divorce.
Be aware: Employer contributions are often subject to a vesting schedule. If your spouse isn’t fully vested, some employer-contributed funds may not be part of the divisible balance. A good QDRO will reflect that reality and identify whether only vested funds or total accrued funds are being divided.

