1. Employee and Employer Contributions
Most 401(k) plans are funded through a mix of employee salary deferrals and employer contributions. These employer contributions often have a vesting schedule, meaning the employee earns those benefits over time. In a divorce, unvested portions are typically not available for division. If you’re the non-employee spouse, be aware that only vested balances are typically subject to division through a QDRO. Check the plan’s Summary Plan Description (SPD) to determine current vesting rules.

