1. Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer matches. However, not all employer contributions are immediately vested. This means if you’re dividing the plan, you need to determine:
- What portion of the account is marital (i.e., earned during the marriage)
- Whether employer contributions are vested or not
Unvested amounts may be forfeited if the employee spouse changes jobs before full vesting. Your QDRO should reflect that only vested funds at the time of division (or distribution) are to be included.

