1. Employee and Employer Contributions
Many people assume their entire 401(k) balance is marital property. But employer contributions—typically part of a profit-sharing feature—might be subject to a vesting schedule. That means some of those funds may not be fully “yours” to share at the time of divorce, depending on your length of employment.
A good QDRO should specify:
- Whether the division includes only vested amounts as of a certain date
- Whether post-divorce contributions and earnings are excluded
- What happens if unvested funds later become vested

