Employee vs. Employer Contributions
401(k) accounts usually consist of contributions made by both the employee (participant) and the employer. In divorce, both types of contributions can be divided, but here’s where it gets tricky: some employer contributions are subject to vesting schedules. If your former spouse hasn’t worked with the company long enough, a portion of employer contributions might be unvested and therefore unrecoverable. A good QDRO will clearly list whether only the vested balance is being split or some other custom formula applies.

