1. Employee vs. Employer Contributions
401(k) plans often include both types of contributions. Employee contributions are fully vested and should be divided per your settlement terms. However, employer contributions may be subject to a vesting schedule—and only the vested portion is eligible for division through a QDRO.
It’s critical that your QDRO is clear about whether it applies to just the participant’s contributions or employer matching as well. Our QDROs make this distinction and request up-to-date vesting data from the plan.

