1. Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions (such as a company match). In divorce, it’s essential to identify which parts of the account are marital and which are not. Employer contributions may be subject to a vesting schedule—meaning not all are immediately owned by the employee. If your spouse isn’t fully vested, a portion of those contributions may be forfeited after divorce, so your QDRO must be carefully worded to avoid confusion or loss.

