Handling Employee and Employer Contributions
Most 401(k) plans consist of two types of contributions: employee deferrals and employer matches. Employee contributions are always considered fully vested, meaning your client owns them outright. Employer contributions, however, often have a vesting schedule. If the employee isn’t fully vested at the time of divorce, some of the account may not be available for division.
Your QDRO should clearly state:
- Whether the division applies only to vested funds or includes potentially vesting amounts
- The specific percentage or dollar amount awarded to the Alternate Payee
- The date to use as the division point (usually the date of divorce or separation)

