1. Employee vs. Employer Contributions
Most 401(k) accounts—such as the Bitwarden 401(k) Plan —contain both employee and employer contributions. While the employee-deferral portion is usually 100% vested, employer contributions may be subject to a vesting schedule.
A QDRO must clearly specify what portion of the account is being divided. We recommend:
- Verifying the employee’s total contributions and vesting schedule
- Clarifying whether the former spouse receives a share of vested employer contributions only, or both vested and unvested amounts
- Addressing how to handle amounts that vest after the divorce date

