Employee and Employer Contributions
Most 401(k) plans consist of pre-tax employee contributions, often matched partially by employer contributions. In a divorce, the court may award a portion of either or both sources of funds to the non-participant spouse (called the “alternate payee”).
It’s critical to note that while employee contributions are always 100% vested, employer contributions may not be. The QDRO should state whether the alternate payee receives only the vested share or includes unvested amounts that later vest.

