1. Employee and Employer Contribution Balances
Since this is a 401(k) plan, the account likely includes both employee deferrals and employer matching contributions. A QDRO can divide both types of funds, but it’s important to know what portion of the employer’s contributions is vested. Unvested funds may be forfeited and not available to divide.
In your QDRO, we may need to specify:
- Whether the award includes just the vested portion, or
- If the order should wait until additional contributions vest.
This is particularly important if the divorce occurs midway through the vesting schedule.

