1. Employee and Employer Contributions
In a 401(k) like the Nielsen & Bainbridge Employees’ Retirement Income Plan, both the employee and the employer may contribute to the account. During divorce, a QDRO can divide either the full balance or just the marital portion—usually determined from the date of marriage to the date of separation.
Employer contributions may be subject to vesting, which means only a portion may be marital property. Be sure your QDRO outlines clearly how to deal with these amounts. If the plan participant is not fully vested, some employer contributions might be forfeited if separation happens before full vesting.

