Addressing Employee and Employer Contributions
401(k) plans typically involve both employee voluntary contributions and employer matching or discretionary contributions. In many cases, these employer contributions are subject to a vesting schedule. If any portion of the employer contributions is unvested at the time of divorce, the non-employee spouse may not be entitled to them. The QDRO must clarify whether only vested balances are being divided or if there should be any future entitlement if vesting occurs later.

