Employee vs. Employer Contributions
401(k) plans typically include both employee contributions (which are immediately vested) and employer contributions (which may vest over time). In divorce, only the vested portion of an account is divisible. If an employee has not met the vesting schedule, part of the employer match may be off-limits.
In the QDRO, we clearly separate the portions of the account and divide only what is legally available. If any part of the employer match is forfeited later, the alternate payee’s share may be adjusted accordingly—or protected, depending on how the order is written.

