Employee vs. Employer Contributions
401(k) accounts typically include both employee deferrals and employer contributions. While the employee’s contributions (and their investment growth) are usually 100% vested immediately, employer contributions may be subject to a vesting schedule.
It’s critical that your QDRO accounts for:
- Contributions made during the marriage (marital portion)
- Whether unvested employer contributions are included or excluded
- The date of division, such as the date of separation, divorce, or another mutually agreed date

