Employee vs. Employer Contributions
Almost all 401(k)s include:
- Employee contributions: These are typically 100% vested and can be divided entirely.
- Employer contributions (e.g., matching funds): These are often subject to a vesting schedule. That means the employee might not own the full amount yet.
PeacockQDROs always assesses vesting information during the drafting process. Including unvested funds in a QDRO can result in the alternate payee getting less than expected later on—or even nothing if the spouse terminates employment soon after divorce.

