Employee Contributions vs. Employer Contributions
401(k) plans generally include money deposited by the employee (elective deferrals) and sometimes matching or profit-sharing contributions from the employer. One crucial issue in a divorce is understanding how and when those employer contributions vest.
If someone is not fully vested at the time of separation, their spouse may only be entitled to a portion of the employer-contributed funds, or none at all. Vesting schedules can be graduated or cliff-based—your QDRO should account for which contributions are eligible for division.

