1. Employee vs. Employer Contributions
Many 401(k)s like the Bdg Architects, Llp 401(k) Plan include both employee and employer contributions. Employee contributions (the money the participant puts in from their paycheck) are usually fully owned as soon as they are deposited. However, employer contributions might follow a vesting schedule, meaning they become fully owned only after the participant remains employed for a certain number of years.
In your QDRO, it’s crucial to specify how to handle partially vested or non-vested portions. Common options include:
- Dividing only vested plan assets
- Including a post-order audit clause to divide unvested funds if they vest later

