Employee vs. Employer Contributions
In a 401(k) like the one tied to the Cmp Corporation Retirement Trust, both employee deferrals and employer matching or profit-sharing contributions may be on the table in a divorce. However, only vested amounts can be awarded to an ex-spouse (also called the “alternate payee”).
If the employer contributions are subject to a vesting schedule—meaning the participant only earns those contributions after a certain number of years—then you must determine what portion is vested as of the date you’re dividing the plan. Any unvested funds, or funds that have been forfeited due to job termination or other reasons, cannot be split through a QDRO.

