Employee vs. Employer Contributions
401(k) plans usually consist of:
- Employee deferrals: These are always 100% vested and available for division via QDRO.
- Employer contributions: These may be subject to vesting schedules. Amounts not vested at the time of divorce may be forfeited if the employee leaves the company.
Incorporating only the vested portion of employer contributions is critical, unless your divorce settlement specifies otherwise. We often build protective language into QDROs to address partially vested accounts and any post-divorce service-related vesting.

