1. Employee vs. Employer Contributions
This 401(k) plan may include both employee salary deferral contributions and employer matching or profit-sharing contributions. A QDRO can divide either or both types, but employer contributions often come with vesting schedules. Only the vested portion can be split between spouses. We’ll help define which part of the account is marital and how to address unvested portions in a way that aligns with both ERISA rules and your divorce agreement.

