1. Employee and Employer Contributions
401(k) plans like this one generally include both employee deferrals and employer contributions. However, not all employer contributions are fully vested at the time of divorce. That means:
- Only the portion that is vested as of the cut-off date (usually the divorce date or official separation date) should be divided.
- Any unvested employer contributions may be forfeited if the employee leaves the company before full vesting.
Make sure your QDRO distinguishes clearly between vested and unvested balances to avoid disputes or delays.

