Employee vs. Employer Contributions
401(k) accounts usually contain both employee salary deferrals and employer match or profit-sharing contributions. In the case of the Fourth Avenue Supermarket, Inc.. 401(k) Plan, you must determine which portions of the account were earned during the marriage and whether the employer contributions were vested at the time of divorce.
Only vested employer contributions can be allocated to the alternate payee. Make sure your QDRO reflects that distinction, or risk giving away benefits that do not legally belong to your spouse—or missing out on funds that do.

