1. Contributions and Vesting
This 401(k) plan likely includes both employee deferrals and employer matching or profit-sharing contributions. It’s critical to identify:
- Which portion of the account was funded by the employee
- Which portion came from employer contributions
- The vesting schedule that applies to employer funds
Employer contributions might not be fully vested, especially if the employee recently joined the company. Only vested contributions can be distributed to an alternate payee. Unvested amounts remain with the participant — but timing matters and should be addressed in the QDRO.

