Employee vs. Employer Contributions
One important aspect of dividing the Omega Ems 401(k) Plan is understanding what portions of the account are divisible. Typically, both employee contributions and the vested portion of employer contributions are on the table. If the participant is not 100% vested in employer contributions at the time of divorce, any non-vested amounts are typically off-limits for division.
The QDRO should specify the exact percentage or dollar amount the alternate payee (usually the ex-spouse) will receive, and whether this includes just the marital portion or the entire balance. Failure to specify can lead to rejection or unintended allocations.

