Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and employer contributions. Only the participant’s vested portion is divisible in divorce. If the plan has a vesting schedule for employer contributions, any unvested amount at the time of divorce wouldn’t be part of the marital estate.
If the alternate payee is awarded a percentage of the entire account, make sure the QDRO clearly defines whether the award includes vested employer matches or only the employee’s balance. We always recommend requesting a benefit statement that separately lists these amounts before drafting the order.

