1. Employee and Employer Contributions
401(k) plans commonly include both employee salary deferrals and employer matching or profit-sharing contributions. However, not all employer contributions are immediately vested. This means:
- Only vested employer contributions are marital property
- Unvested amounts may be forfeited if the employee leaves the job soon after the divorce
- The QDRO should specify whether the alternate payee receives a share of only the vested account balance

