1. Employee and Employer Contributions
401(k) plans typically include employee deferrals and employer contributions. In a divorce, both can be divided, but there are rules:
- Employee contributions are fully vested and divisible
- Employer contributions may be subject to a vesting schedule
If your spouse has unvested employer contributions, you likely cannot receive a share of those until (or unless) they become vested. A good QDRO will spell that out, and we make sure your order includes the right timing and vesting provisions to protect your interest.

