1. Employee vs. Employer Contributions
401(k) plans generally include contributions from both the employee and the employer. In divorce, employee contributions (from the participant’s salary) are typically 100% vested and easily divisible. However, employer contributions — such as profit sharing or matching funds — follow specific vesting schedules.
This means some employer contributions may not be fully owned by the participant and could be forfeited upon separation, depending on their years of service. A properly drafted QDRO must provide accurate guidelines about which employer funds are included and how to address forfeited or unvested balances.

