1. Employee and Employer Contributions
When splitting a 401(k), it is common to divide both employee contributions and vested employer contributions. Unvested amounts generally aren’t included unless specifically negotiated and set forth in your divorce judgment.
For example, if the employee spouse worked for Scenic tours usa, Inc. for a short period and only a portion of employer contributions are vested, the QDRO must clearly state that only vested amounts are divisible. PeacockQDROs will help you determine which funds are included and clearly specify this in the order.

