Employee and Employer Contributions
One of the first things to understand is the difference between what the employee contributed and what the employer contributed. A QDRO must specify how the marital portion of the Happy Hollow Club 401(k) Plan will be divided. Most spouses divide only the contributions and earnings accrued during the marriage.
Employer contributions may be subject to a vesting schedule, meaning the participant may not have access to the full balance until after a certain number of years. Any unvested employer match cannot be divided until it becomes vested under the plan’s rules.

