1. Employee vs. Employer Contributions
In most 401(k) plans, the account contains a mix of employee deferrals and employer contributions. The employee’s contributions are always 100% vested, but employer contributions may be subject to a vesting schedule. The date of divorce or another cut-off date (like the date of separation) may determine what portion of employer contributions the participant has earned as of that point.
If some of the employer match or profit-sharing contributions aren’t vested at the time the marriage ends, those amounts could be forfeited—and won’t be available to divide. Be sure your QDRO provider understands vesting and how to apply the correct marital cut-off date.

