Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and employer matches. In a divorce, the QDRO must specify whether both types of contributions are to be divided, and if so, in what proportion. Each component can have different vesting rules, which may limit what the alternate payee is entitled to receive.
If your spouse is not fully vested in the employer match, the non-vested portion may be excluded from division. However, a properly drafted QDRO can address future vesting if desired—something we often recommend depending on the plan’s vesting schedule and the facts of the case.

