1. Employee vs. Employer Contributions
401(k) plans generally include two types of contributions:
- Employee contributions: These are elective deferrals made by the employee and are always considered fully vested.
- Employer contributions: These often include matching or profit-sharing amounts and may be subject to a vesting schedule.
In a divorce, the most common default approach in a QDRO is to divide only the vested portion of the account. However, if the employer contributions are not fully vested at the time of divorce, the non-employee spouse (alternate payee) may receive nothing from these funds. QDROs can be drafted to reflect this reality—and we always advise understanding the vesting schedule before finalizing the division.

