Employee and Employer Contributions
In a standard 401(k), your spouse’s contributions are fully vested from day one. However, employer contributions may be subject to a vesting schedule. That means some of the funds may not belong to the participant until a specific number of years of service have passed. If you’re drafting a QDRO during or shortly after separation, it’s crucial to determine which employer contributions are vested and which are still forfeitable. The QDRO can specify that only vested amounts be divided.

