Employee and Employer Contributions
401(k) plans typically include both employee salary deferrals and employer matching or profit-sharing contributions. In a divorce, only the portions earned during the marriage are marital property. Your QDRO should clearly state how to divide both types of contributions.
Important: Employer contributions are often subject to a vesting schedule. That means only a portion of those contributions may be available to the employee—or to the alternate payee—depending on how long the employee was with the company. If you’re the alternate payee, make sure your attorney or QDRO expert investigates the vesting details before finalizing the order.

