1. Employee vs. Employer Contributions
401(k) plans like the Indevets 401(k) Plan often include both employee salary deferrals and employer-matching contributions. In divorce, it’s essential to split both components fairly—yet separately—as employer contributions may not be fully vested.
If the participant is not 100% vested, a portion of the account may revert back to the employer. The QDRO should clearly define whether the alternate payee’s portion includes only vested funds or anticipates potential future vesting.

