Employee and Employer Contributions
401(k) plans typically include both the employee’s elective deferrals and the employer’s matching or profit-sharing contributions. However, employer contributions might be subject to a vesting schedule. That means if the employee isn’t fully vested at the time of divorce, the non-employee spouse may only be entitled to a portion of the employer’s contributions. The QDRO should clearly state whether it divides the employee’s account balance as of the date of divorce, the date of distribution, or another specific date, including how it handles unvested amounts.

