1. Dividing Contributions
401(k) plans typically include two types of contributions:
- Employee Contributions: These are always 100% vested and are divisible in divorce.
- Employer Contributions: These may be subject to a vesting schedule. The QDRO should clarify whether unvested portions are included or excluded from the marital portion. Many couples choose to divide only the vested portion.
For the Spectrum Foods, Inc.. 401(k) Plan, your QDRO should specify how to treat both types—especially if there were matching contributions with partial vesting during the marriage.

