Division of Employee and Employer Contributions
Most 401(k) plans include two main parts: employee deferrals and employer contributions. In divorces, both types may be included in the QDRO—provided the employee spouse was vested at the relevant time.
- Employee Contributions: These are usually 100% marital property if made during the marriage and are easier to divide.
- Employer Contributions: These are optional and subject to a vesting schedule. If not fully vested, only the vested portion is divisible.
A well-prepared QDRO must account for these categories. At PeacockQDROs, we double-check the vesting status with supporting documentation from the plan administrator to avoid surprises.

