Employee vs. Employer Contributions
Under most 401(k) plans, the account contains both employee deferrals and employer contributions. With the Kode Health 401(k) Plan, it’s important to define in the QDRO whether the alternate payee is receiving a portion of just the employee’s contributions, or also the employer match (which may be subject to vesting).
This distinction matters. For example, if your spouse contributed $40,000 and their employer contributed $20,000, and only $10,000 is vested, the marital portion may only include part of the employer money. We always verify whether the plan uses a cliff or graded vesting schedule so the court order divides only the portion that is actually earned at the time of divorce.

