Employee vs. Employer Contributions
In most 401(k) plans, contributions come from both the employee and the employer. A QDRO must clearly state whether both sources of funds are being divided. If the employer contributions are subject to a vesting schedule, it’s critical to know what was vested at the cutoff date (usually the date of separation or divorce judgment).
Unvested funds are generally not divisible unless they become vested before the QDRO goes into effect. This is a common mistake—one that we frequently help clients avoid. Read more aboutQDRO mistakes to watch for.

