Employee and Employer Contributions
Many 401(k) plans include employer matching or profit-sharing contributions. However, not all of these funds may be vested at the time of divorce. Unvested amounts typically cannot be awarded to the alternate payee and may be forfeited if the employee doesn’t meet service requirements.
In your QDRO draft, we’ll carefully address which contributions (employee deferrals vs. employer matches) should be included—and whether the division should be based on a flat percentage, a dollar amount, or a shared approach with gains and losses up to the distribution date.

