1. Employee and Employer Contributions
Most 401(k) plans are funded by both the employee’s salary deferrals and the company’s matching contributions. Under the Adventure Capital Partners LLC 401(k) Plan, it’s important to identify:
- What portion of the account balance came from employee contributions
- What portion came from employer contributions
- Which funds are fully vested and which are not
Generally, only vested balances are divisible in a QDRO. Any unvested employer contributions could be forfeited upon divorce, depending on the plan’s vesting schedule.

