Employee vs. Employer Contributions
One of the biggest challenges in dividing a 401(k) plan is separating employee contributions from employer contributions. Employee contributions are fully owned by the participant, but employer contributions may follow a vesting schedule. If the participant isn’t fully vested at the time of divorce, the non-vested portion may not be available for division.
Make sure the QDRO accounts for:
- Whether the alternate payee should receive a percentage or fixed dollar amount
- Whether to include gains and losses on that amount
- The cutoff date for the division (e.g., date of separation or divorce judgment)

