Dividing Employee and Employer Contributions
401(k) plans typically include two types of contributions: those made by the employee and those contributed by the employer. A QDRO can assign a portion of either or both. However, it’s critical to understand whether employer contributions are vested. If they’re not vested, they may not be available to divide.
Make sure your QDRO accounts for:
- Current and vested balances as of the date of divorce or a different valuation date
- Whether to divide account balances on a fixed-dollar or percentage basis
- How forfeitures due to vesting schedules should be treated

