1. Employee and Employer Contributions
In most 401(k) plans, the employee contributes a portion of their paycheck, and the employer may make matching contributions. While employee contributions are always yours, employer contributions might be subject to a vesting schedule. This matters when dividing the account because only vested funds can be assigned in a QDRO. A good QDRO attorney knows how to request the plan’s vesting report and incorporate only the eligible portion into the division language.

