Employee Contributions vs. Employer Contributions
When dividing a 401(k) in a QDRO, employee contributions are always 100% owned by the participant, but employer contributions may be subject to a vesting schedule. A common mistake we see is awarding a percentage of a total account balance that includes unvested employer funds. If your draft doesn’t address vesting properly, you could end up with less than you expected—or create an order the plan administrator rejects.

