Employee vs. Employer Contributions
401(k) accounts often include two sources of contributions:
- Employee Contributions: Fully vested and typically considered marital property if made during the marriage.
- Employer Contributions: May be subject to a vesting schedule. If not fully vested, the non-employee spouse might not be entitled to those amounts.
Your QDRO should differentiate between these when calculating the division—something that generic templates often fail to do. At PeacockQDROs, we help ensure the order reflects whether one spouse is only entitled to what’s vested as of the cutoff date or if unvested contributions need to be addressed.

