1. Employee and Employer Contributions
401(k) plans include both employee deferrals and employer contributions. In a divorce, you can generally only divide the portion of the plan earned during the marriage. But employer contributions may be subject to a vesting schedule. That means if the employee hasn’t worked long enough to become “vested,” some of the balance may not belong to either spouse and could be forfeited after divorce.
Make sure your QDRO clearly defines the marital portion and whether it includes vested employer contributions—or just employee deferrals.

