Dividing Employee and Employer Contributions
Most 401(k) accounts are a mix of employee contributions (what the worker put in from their paycheck) and employer contributions (what the company matched). In the Hardaway Construction Corp.. Employee 401(k) Savings Plan, both types are subject to division—but employer contributions could be subject to vesting.
If your former spouse hasn’t met certain service requirements, not all employer-matching funds may be available for division. You’ll want a QDRO that clearly distinguishes what’s divisible and what’s not. This includes identifying a valuation date (e.g., date of separation, date of divorce, or date of QDRO entry) to calculate the marital share of the account accurately.

