Dividing Employer vs. Employee Contributions
Like most 401(k) plans, this one probably includes a combination of employee deferrals (your money) and employer matching or profit-sharing contributions (their money). Some of these employer contributions may be subject to a vesting schedule, meaning the participant might not be entitled to the full amount yet. In a divorce, unvested amounts usually aren’t divisible unless special arrangements are made. Your QDRO should clearly state whether both employee and employer contributions are to be divided—and to what extent.

