Employee vs. Employer Contributions
401(k) accounts usually include both employee and employer contributions. In divorce, we typically separate the marital portion—which often includes all money earned and contributions made during the marriage. However, employer contributions are often subject to a vesting schedule. If your spouse has unvested employer contributions, those funds may not be divisible under QDRO—even if they technically show up in the account balance.
Be sure to obtain a full breakdown (from the plan administrator) of vested versus non-vested contributions before your QDRO is prepared. At PeacockQDROs, we review this as part of our process—so nothing gets missed.

