1. Employee vs. Employer Contributions
401(k) plans usually consist of two types of contributions:
- Employee contributions: These are usually 100% vested and can be divided in the QDRO without issue.
- Employer contributions: These may be subject to a vesting schedule. If the participant is not fully vested at the time of the divorce, the non-vested portion may not be available for division.
It’s essential that your QDRO properly distinguishes between these two categories and limits the award to only the vested portion available.

