1. Employee vs. Employer Contributions
In 401(k) plans, the account may include both employee contributions (what the participant defers from their paycheck) and employer contributions (matching or profit-sharing based on the company’s rules). Only vested employer contributions are subject to division in a divorce.
A QDRO for the Usi 401(k) Plan must clearly define the date used to determine the marital portion—for example, the date of separation, date of filing, or another agreed-upon date. It should also calculate what portion of the employer contribution is actually vested and available to divide.

