1. Employee vs. Employer Contributions
401(k) plans often include both employee contributions and employer matches. While employee contributions are usually 100% vested from day one, employer contributions may be subject to a vesting schedule. During divorce negotiations and QDRO drafting, it’s critical to understand this:
- Unvested employer contributions generally cannot be divided.
- Only the vested portion as of the “Division Date” (usually the date of separation or divorce) is available for QDRO distribution.

