1. Employee vs. Employer Contributions
Most 401(k) accounts include both employee and employer contributions. In many cases, only the employee contributions are fully vested. The employer match may be subject to a vesting schedule. During divorce, this matters.
- Unvested amounts may be forfeited if the employee leaves before full vesting.
- The QDRO must clarify how to treat partially vested employer contributions.
We always clarify vesting schedules during QDRO drafting so that neither party is shortchanged based on incorrect assumptions.

