1. Employee and Employer Contributions
401(k) accounts usually include:
- Employee Contributions: These are fully owned by the employee (fully vested) and can be divided by QDRO without restrictions.
- Employer (Profit-Sharing) Contributions: These may be subject to a vesting schedule. Only the vested portion is usually divisible in a divorce.
A QDRO must clearly distinguish between these two types of contributions and allocate them accordingly. At PeacockQDROs, we ensure these distinctions are included in the final order so nothing falls through the cracks.

