1. Employee vs. Employer Contributions
Dividing a 401(k) isn’t as simple as splitting it in half. The employee’s contributions are usually 100% vested. However, employer contributions might follow a vesting schedule. That means only the vested portion is divisible in the QDRO.
It’s important to identify the vested balance as of a specific date—usually the date of separation or divorce judgment. Any unvested employer contributions from the Geweke Real Estate 401(k) Plan typically cannot be awarded to a former spouse.

