Employee vs. Employer Contributions
With 401(k) plans like the Offerpad, LLC 401(k) Plan, both employee salary deferrals and employer contributions are typically included. However, only the vested portion of employer contributions is legally divisible via QDRO in most cases. Unvested employer contributions (those not yet earned by time or service requirements) may not be eligible for division until they become vested.
For divorcing couples, it’s critical to determine the participant’s vesting status at the valuation date—the date on which the account will be divided. This ensures the QDRO only assigns what’s legally and contractually available to split.

