1. Employee and Employer Contributions
401(k) balances include both employee and employer contributions. Employer contributions may be subject to a vesting schedule—meaning, only part of those contributions may belong to the employee at the time of divorce. The QDRO needs to make clear whether the division includes:
- The total account value, including vested employer contributions
- Only the employee’s own contributions
- All open account components, including any gains/losses through the distribution date
We make sure your QDRO aligns with what the divorce judgment says—or what you’re entitled to under state law if it’s not clearly spelled out in the decree.

