1. Contributions: Employee vs. Employer
The total balance in this 401(k) may include employee deferrals, employer matching contributions, and possibly profit-sharing contributions. When dividing the plan, it’s important to confirm:
- What portion of the employer contributions are vested
- Whether forfeited amounts should be included or excluded
- How to handle employer contributions that may vest after the divorce
Unvested employer contributions often revert to the plan if the employee terminates before full vesting. Your QDRO needs clear language about who gets what and whether future vesting is included.

