Employee Contributions vs. Employer Contributions
Employees typically contribute pre-tax or Roth funds to their 401(k). The employer may also contribute matching or discretionary amounts. It’s critical to understand which amounts are “vested.” Only vested employer contributions can be divided in a QDRO. Unvested funds remain with the participant—and get forfeited if the participant leaves the company too early.
A clear QDRO will specify whether the alternate payee receives a portion of just the vested balance or a percentage of contributions made during the marriage. We help clients avoid common errors around contribution cut-off dates and mistaken assumptions about available funds.

