1. Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matches. While the employee contributions are fully vested, employer contributions may be subject to a vesting schedule. That means a portion of the account might not be available for division unless the participant has met certain service requirements. The QDRO must account for what’s vested at the time of divorce—or include language that accounts for changes in vesting status during processing.

