1. Employee and Employer Contributions
With a 401(k) plan like this one, both the employee’s contributions and employer matches may be subject to division based on the marital portion. However, employer contributions are often subject to vesting rules. If the employee spouse is not fully vested at the time of divorce, the non-employee spouse may receive less than expected. Your QDRO must reflect the proper division of only vested amounts unless otherwise negotiated.

