Employee vs. Employer Contributions
401(k) balances can include both money the employee contributed and amounts the employer added. In most cases, the entire vested balance—regardless of source—is divisible in divorce. However, unvested employer contributions may not be included.
That’s why it’s so important to get a current statement or summary plan description. You need to know what part of the employer’s match is fully vested as of the divorce date. If any funds are not yet vested, they may not be available to split. This vesting information should be accounted for in any QDRO for the Bronco Burger 401(k) Plan.

