1. Employee vs. Employer Contributions
Most 401(k) accounts include both what the employee contributes and what the employer matches. However, employer contributions are often subject to vesting. That means part of the balance may not fully belong to the participant unless they’ve worked enough years to meet the plan’s vesting schedule. Only the vested portion can be divided in a QDRO. The divorce judgment should state whether unvested funds are included and how to handle future vesting.

