Employee and Employer Contributions
When dividing the 401(k) from The Retirement Plan for Employees of Bush Brothers & Company, both employee and employer contributions may be split. However, you need to confirm whether the employer contributions are fully vested. If some portion isn’t vested at the time of divorce, that amount typically won’t be included in the alternate payee’s share.
Your QDRO should clearly state whether the division includes just vested amounts or anticipates future vesting. In most cases, a fixed dollar amount or percentage of the participant’s account as of a specific date is awarded to the alternate payee (usually a former spouse).

