Employee vs. Employer Contributions
In many divorces, only the contributions made during the marriage are considered community or marital property. The Work Health Solutions 401(k) Plan likely includes both employee deferrals and employer contributions. A QDRO must spell out whether both types of funds are divided and how.
It’s also important to address vesting—the employee’s ownership of the employer contributions. Just because the funds are in the account doesn’t mean they’re all “owned” by your spouse. Unvested contributions may be forfeited after divorce, and your QDRO must take that into account.

