Employer vs. Employee Contributions
In most 401(k) plans, both the employee and the employer contribute. While employee contributions are always vested immediately, employer contributions may follow a vesting schedule. This means that if your spouse isn’t fully vested at the time of divorce, unvested employer contributions will be forfeited and unavailable for division.
When drafting the QDRO, it’s critical to:
- Request a current account statement
- Verify vesting percentages
- Specify whether only vested funds are being divided

