1. Employee and Employer Contributions
In a 401(k) plan, both the employee and employer can make contributions. During a divorce, it’s important to distinguish between what’s marital and what’s separate property. Generally, contributions made (and gains/losses) during the marriage are subject to division.
In some cases, employer matching or profit-sharing contributions may also be subject to a vesting schedule. The QDRO needs to be carefully worded to allow for the division of only the vested employer contributions—or it can specify equitable treatment of post-divorce vesting, depending on the agreement.

