Employee and Employer Contributions
401(k) accounts generally consist of employee deferrals and sometimes employer matches or profit-sharing contributions. While employee deferrals are always 100% owned by the participant, employer contributions may be subject to a vesting schedule. Any portion that is not vested at the time of divorce may end up being forfeited and not available for division.
In your QDRO, it’s essential to specify how to treat both types of contributions. It’s common to divide the total vested account balance as of a specific date, such as the date of separation or the date of divorce judgment.

