Employee and Employer Contributions
With 401(k) profit sharing plans, both employee deferrals and employer contributions are on the table. One common misconception is that only the employee’s electively deferred amounts are divisible. That’s not the case. Vesting plays a big role here, particularly with employer contributions. If the participant isn’t fully vested at the time of divorce, part of the account may be off-limits. Your QDRO must state how unvested amounts are to be treated if they become vested later. Some plans require this to be addressed explicitly.

