1. Employee vs. Employer Contributions
Most 401(k) balances include both:
- Employee contributions: Typically 100% vested immediately.
- Employer contributions: Often subject to a vesting schedule, which means the employee earns them gradually over time.
Only vested amounts can be divided through a QDRO. If your spouse isn’t fully vested, make sure the QDRO only assigns what’s eligible. An unvested portion may be forfeited if your spouse leaves the company early. We’ve seen mistakes here lead to major disputes down the road – don’t let that happen.

