Employee and Employer Contributions
401(k) account balances typically include both employee salary deferrals (your contributions) and employer contributions (like matching or profit sharing). In divorce, it’s crucial to specify whether the alternate payee is receiving a portion of the total vested balance or just contributions made during the marriage.
If employer contributions aren’t fully vested at the time of divorce, those unvested amounts may be forfeited. Your QDRO needs to clarify how forfeitures are handled, especially if vesting occurs after the divorce is finalized.

