1. Employee and Employer Contributions
Employees often assume a QDRO covers everything in the 401(k) balance—but that’s not always true. It’s critical to distinguish between employee contributions (which are usually 100% vested) and employer matching or profit-sharing contributions (which may be subject to a vesting schedule).
If you’re the alternate payee (the spouse receiving benefits), be aware: you are usually only entitled to the vested portion as of either the date of division or another cutoff agreed to in the divorce settlement. We can help you determine what’s available and what may be subject to forfeiture.

