Employee vs. Employer Contributions
Most 401(k) accounts include employee contributions (which are immediately yours) and employer contributions (which may be subject to a vesting schedule). It’s critical in QDRO drafting to distinguish between the two and clarify what portion is marital and what remains separate.
If your divorce agreement says to divide the account “equally,” but doesn’t specify whether it’s limited to vested amounts or includes unvested employer contributions, the QDRO could be rejected or delayed. We make sure this is addressed clearly to prevent holdups.

