Employee and Employer Contributions
401(k) plans commonly include both employee and employer contributions. A well-drafted QDRO should clarify exactly what portion of the account is being divided and how:
- Is the division based on total account balance or just marital contributions?
- Are both employee and employer contributions included, or only those vested at the date of separation or divorce?
We frequently see confusion here, especially when a spouse receives only a portion of the vested balance, excluding anything unvested as of the valuation date. Be very clear, and if in doubt, get help—it’s what we do every day atPeacockQDROs.

