1. Employee vs. Employer Contributions
Many people assume that the total account balance is up for division, but that’s not always true. Most 401(k) plans like the Mbw, Inc.. 401(k) Plan include both employee contributions (money the participant deferred from their paycheck) and employer contributions (matching or profit-sharing money).
Employer contributions may be subject to a vesting schedule. If a spouse is dividing the plan on a date when some employer contributions aren’t vested yet, the alternate payee may not be entitled to those amounts unless the division language is structured properly. It’s crucial that your QDRO defines exactly what’s being divided—and when.

