Employee vs. Employer Contributions
Most 401(k) plans are comprised of two types of contributions:
- Employee Contributions: These are made by the participant and are always 100% vested.
- Employer Contributions: These often come with a vesting schedule. Only the vested portion is subject to division in a QDRO.
If your spouse has employer contributions that are partially vested, we account for that in the QDRO to ensure you only receive what you’re entitled to. We also help clarify in the order whether post-divorce contributions are included or excluded.

