Employee vs. Employer Contributions
Most 401(k) plans consist of a participant’s contributions (employee deferrals) and employer contributions (matching or profit-sharing). In a divorce QDRO, both types are eligible to be divided.
However, it’s important to know the employer contributions may be subject to a vesting schedule. This means the employee must meet certain service requirements at the company to “own” that portion. If not yet vested, the non-participant spouse may receive nothing from that portion. We help you address this clearly in your QDRO to reduce the chance of disputes later.

