1. Employee and Employer Contributions
With a 401(k) plan, both the employee and employer may make contributions. In divorce, both may be subject to division—but only to the extent they are vested. Employer contributions often follow a vesting schedule. This means the employee must work a certain number of years before the employer contributions fully belong to them.
If a portion of the employer money isn’t vested at the time of divorce, it might not be subject to division. A well-written QDRO should specify whether the alternate payee will receive only vested amounts as of the division date or share in any post-divorce vesting.

