Employee and Employer Contributions
Both spouses often mistakenly assume that the account balance consists entirely of the employee’s contributions. But many 401(k) plans include employer matching or profit-sharing contributions. A QDRO should address how both employee and employer contributions (and their growth) are divided.
Importantly, some employer contributions may be subject to a vesting schedule. This determines how much of the employer’s contributions the employee actually owns. Unvested portions are typically off-limits in property division, so knowing the employee’s vesting percentage as of the date of divorce is critical.

