Employee and Employer Contributions
Most 401(k) plans include both employee (pre-tax or Roth) and employer contributions. Under a QDRO, employee contributions and their associated earnings are typically divisible without issue. However, employer contributions may be subject to a vesting schedule, which means not all amounts will be marital property.
If your spouse hasn’t yet vested in all employer contributions, only the vested amount will typically be divisible in the QDRO. We help ensure unvested, forfeitable amounts aren’t mistakenly included in your marital division.

