1. Employee vs. Employer Contributions
It’s important to distinguish between what the participant contributed (employee contributions) and what the plan sponsor added (employer contributions). Employer contributions may be subject to a vesting schedule—meaning the participant may not be entitled to the entire amount at the time of divorce. If you’re dividing this 401(k), make sure the QDRO clarifies the cutoff date and whether you’re including only vested amounts or both vested and non-vested balances.

