Employee Contributions vs. Employer Contributions
This 401(k) plan likely includes both types of contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. That means part of the balance may not belong to the employee (and thus not divisible in divorce) unless certain conditions are met. A well-written QDRO will:
- Identify the date used to determine marital/coverture portion (e.g., date of separation or divorce)
- Clarify whether unvested employer contributions are excluded from division
- Allocate any future vesting or forfeitures according to clear logic

