Dividing Employee and Employer Contributions
When dealing with the Krw Lawyers 401(k) Plan, it’s important to distinguish between what the employee contributed and what the employer contributed.
- Employee Contributions: These are always 100% vested and easy to divide.
- Employer Contributions: These may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the unvested portion may be forfeited or lost to the alternate payee.
When drafting the QDRO, you can specify that the division applies only to the vested portion, or you can add language that requires a future recalculation if more employer contributions vest after the divorce.

