1. Dividing Contributions: Employee vs. Employer
401(k) plans typically include both employee contributions and employer matching. In most divorces, each party is entitled to a share of the value of the plan earned during the marriage. But there’s a catch: some employer contributions might not be vested yet.
If the employee-participant hasn’t met the plan’s vesting schedule, those employer dollars can be forfeited. In your QDRO, make sure you’re only dividing the vested balance—or at least clarify what happens if some contributions become forfeited.

