Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. While the employee’s portion is usually 100% vested immediately, employer contributions may be subject to a vesting schedule. In cases where employer contributions are partially or conditionally vested, unvested portions may be forfeited and not subject to division.
Dividing the plan requires a QDRO that addresses how both types of contributions are treated. We’ll review your plan documents to determine which portions are vested and can be legally assigned to the Alternate Payee.

