1. Employee and Employer Contributions
401(k) plans typically consist of contributions made by the employee, plus additional amounts contributed by the employer. In a divorce, the court usually divides only the marital share—what was earned during the marriage. For employer contributions, check the vesting schedule. Unvested amounts may not be part of the division.
Make sure your QDRO clearly distinguishes between vested and unvested employer contributions. If the employee vests in more contributions post-divorce, your order should clarify whether additional benefits are excluded or included.

