1. Employee vs. Employer Contributions
Typically, 401(k) plans include two types of contributions:
- Employee Contributions: These are always 100% vested and can be divided by a QDRO.
- Employer Contributions: These are subject to a vesting schedule. If a portion is unvested at the time of divorce, the non-participant spouse may not have access to it.
It’s crucial to determine what’s vested as of the date used for division (sometimes called the “cutoff date”). We help you understand what’s actually available for division and ensure the order accounts for any future vesting, if appropriate.

