Employer vs. Employee Contributions
With a 401(k), contributions may come from both the employee and the employer. During QDRO drafting, it’s important to distinguish:
- Employee deferrals: Typically 100% vested and easier to divide.
- Employer contributions: Often subject to a vesting schedule. If the employee is not fully vested, some amounts may not be divisible and could be forfeited.
Your attorney should review the vesting schedule to determine which portions of the account are part of the marital estate and which are not.

