1. Employee and Employer Contributions
401(k) plans like this one typically include:
- Employee deferrals (pre-tax or Roth contributions)
- Employer matching contributions
- Employer profit-sharing contributions
All of these may be included in the marital estate depending on when contributions were made. However, some or all employer contributions may not be fully vested at the time of divorce. The QDRO should address whether the Alternate Payee receives only vested portions or also a share of potentially forfeitable funds.

