Employee vs. Employer Contributions
Employee contributions (such as 401(k) deferrals) are usually 100% vested and are typically included in the marital estate if earned during the marriage. However, employer contributions may be subject to a vesting schedule. That means the account could show more money than the participant is legally entitled to at the time of divorce.
It’s crucial that your QDRO only divides the vested portion of the account unless the divorce agreement clearly states otherwise. We help ensure this distinction is made correctly in your court documents.

