Dividing Employee and Employer Contributions
In 401(k) plans, contributions can come from both the employee and the employer. It’s critical to understand the plan’s contribution structure and whether employer contributions are subject to vesting.
If your spouse was not fully vested in their employer contributions at the time of separation or divorce, the non-vested portion may be forfeited. Make sure the QDRO addresses this and leaves room to calculate what percentage the alternate payee is entitled to based on vested account balances.

