Employee and Employer Contributions
Most QDROs for 401(k)s like The Aes Corporation Retirement Savings Plan split only vested benefits. That includes:
- Employee contributions: Always 100% vested and divisible
- Employer contributions: May be subject to a vesting schedule. Unvested amounts are usually excluded in divorce unless the plan participant will remain employed long enough or you draft the QDRO to include a pro-rata share of future vesting events.
If you don’t account for employer contributions carefully, one party could miss out on thousands in future vested assets. Always request a current plan statement and vesting schedule to evaluate what’s on the table.

