Employee and Employer Contributions
401(k)s typically consist of employee contributions (which belong entirely to the participant) and employer contributions, which may be subject to a vesting schedule. Your QDRO will need to define:
- Whether the alternate payee receives a share of just the marital portion or the total account
- How to divide employer contributions, including any partially vested amounts
- How forfeitures of unvested amounts are managed
For partially vested funds, the QDRO must include language that accounts for post-divorce vesting, if appropriate. This is a common pitfall with 401(k) divisions—something our team routinely handles correctly.

