Employee and Employer Contributions
In most 401(k) plans, employees make pre-tax or Roth contributions, and employers often provide matching contributions. It’s critical to clarify in the QDRO whether both types of contributions should be divided. Some divorcing spouses only agree to divide amounts that were vested as of the date of separation or divorce, while others include contributions up to the date the QDRO is processed.
Employer contributions may be subject to a vesting schedule. If your spouse is not fully vested, you should consider whether you’re dividing just the vested balance or the entire account with a delayed payout.

