1. Employee and Employer Contributions
401(k) accounts typically include two types of funds—employee salary deferrals and employer matching or discretionary contributions. In divorce, both can be split, but only the “vested” portion of employer contributions is available to the alternate payee. That means it’s critical to:
- Request a current statement showing the vesting status
- Avoid over-assigning non-vested amounts in the QDRO
- Include language that limits division to vested balances

