1. Employee vs. Employer Contributions
The most important distinction in a 401(k) plan is between contributions the employee made and those made by the employer. Typically, all employee contributions are fully vested immediately upon deposit. However, employer contributions are often subject to a vesting schedule.
In a divorce, this affects whether the alternate payee can receive a share of the employer match. If contributions were not vested as of the divorce or QDRO date, they may be excluded. That’s why it’s crucial to match the QDRO to the exact vesting date and status of contributions.

