1. Employee vs. Employer Contributions
The Hodinkee 401(k) may include both employee contributions (from earned wages) and employer contributions (match or profit-sharing). Employee contributions are fully owned by the participant, but employer contributions may be subject to a vesting schedule.
Here’s the catch: if a portion of the employer contributions is not yet vested at the time of divorce, those unvested funds may not be eligible for division in the QDRO. It’s critical to get a clear breakdown of vested versus unvested balances at the time of divorce.

