Employee and Employer Contribution Division
The Sun Kool Air Conditioning, Inc.. 401(k) Plan likely includes both employee deferrals and employer matching (or profit-sharing) contributions. Only the portion of the account earned during the marriage is typically divided. Be aware, however, that employer contributions might not be fully vested if the employee spouse has not met certain service requirements.
As a result, the actual amount available for division could be less than the current account balance. Your QDRO must clearly identify what portion of the plan assets the alternate payee is to receive—based on date-of-marriage to divorce cutoffs if you’re in an equitable distribution or community property state.

