1. Employee and Employer Contributions
Most 401(k) accounts grow from two sources: employee contributions (amounts the participant contributes themselves) and employer contributions (match or profit-sharing). With employer contributions, it’s critical to determine whether they’re vested. Many plans, especially in general business industries, set up a vesting schedule. This means some employer contributions may not be owned by the participant until they’ve worked a certain number of years.
Your QDRO should clearly specify whether the alternate payee is entitled to only vested funds or a share of all amounts contributed during marriage—even if some are unvested and may later be forfeited.

