Employee and Employer Contributions
A 401(k) plan includes contributions from both the employee and often the employer. When dividing the Dorsey Group 401(k) Plan in divorce, it’s important to distinguish between vested and unvested contributions. Employer contributions may come with a vesting schedule, so not all amounts in the account may be fully earned at the time of divorce.
The QDRO should clearly state whether it divides the account as of the date of divorce, the date of QDRO approval, or some other agreed-upon date. Make sure you’re including all earned (vested) contributions, and clarify that any unvested amounts should be excluded—or included conditionally, depending on future vesting.

