Employee and Employer Contributions
When you split a 401(k) plan, you’re dividing more than just what the employee put in. Most plans, including the Bsa Compassion 401(k) Plan, also include employer contributions. However, those employer contributions may be subject to a vesting schedule. That means only a portion could be legally split, depending on how long your spouse worked there.
For example, if your spouse is 40% vested at the time of divorce, only that 40% of employer contributions may be included in the division. The QDRO must be carefully worded to reflect this.

