1. Employee and Employer Contributions
Not all contributions are treated equally. Employee contributions are typically 100% vested and can be divided based on your marital period. However, employer matching or profit-sharing contributions may be subject to a vesting schedule. That means only the vested portion at the time of divorce (or a date specified by the court) is divisible.
In QDRO drafting for the H2d LLC 401(k) Plan, we often specify the marital coverture fraction, which calculates the portion of the account earned during the marriage. If the employer contributions weren’t fully vested at the time of divorce, those unvested amounts will not go to the alternate payee and may be forfeited.

