Employee and Employer Contributions
401(k) plans typically include:
- Employee contributions: Fully vested immediately
- Employer contributions: Often subject to a vesting schedule
In the QDRO, you can choose to divide:
- The total account balance including both vested and unvested amounts
- Only the vested portion
It is critical to clarify this in the order. For example, if Bookoff mcandrews pllc provides generous matching contributions with a six-year vesting schedule, the non-employee spouse could miss out on a substantial portion without the right language in the QDRO.

