1. Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer-matching contributions. In divorce, both types of contributions can be assigned to the alternate payee, but only to the extent they were earned during the marriage.
However, employer contributions are often subject to vesting requirements. If the participant spouse hasn’t met the full vesting schedule, any unvested amounts may be forfeited entirely upon employment termination or divorce, depending on the plan terms. The QDRO should spell out how these situations will be handled.

