Employee Contributions vs. Employer Contributions
In a 401(k) plan like the Fsc Franchise Co.., LLC. 401(k) Plan, both employee and employer may contribute to the account. The QDRO must specify clearly which contributions are being divided. Typically, only the marital portion—contributions made during the marriage—is divided.
Many employer contributions are subject to a vesting schedule, which can affect the amount available for division. Unvested employer contributions generally cannot be awarded to the non-employee spouse.

