1. Employee and Employer Contributions
401(k) accounts typically contain both employee deferrals and employer matches. If contributions were made during marriage, they’re usually marital property—even if they’re in the employee’s name.
Be mindful of employer match vesting. For example, if employer contributions were made but not yet vested, those funds may not be paid out to the alternate payee. A well-drafted QDRO should clarify what happens to unvested amounts and whether future vesting will apply to the alternate payee’s share.

