1. Employee vs. Employer Contributions
The Little Scholars 401(k) Plan likely includes both employee deferrals and employer matching contributions. In many divorces, the alternate payee is awarded a percentage of the marital portion of the entire account—but not always.
One complication: employer contributions often have a vesting schedule. Only the vested portion is eligible for division. If your spouse is not fully vested at the time of separation, their unvested employer contributions may be excluded from the QDRO.

