Employee and Employer Contributions
One key to dividing 401(k) plans is knowing the source of the account balances. Contributions typically fall into these two types:
- Employee Contributions: These are fully vested immediately. If contributions were made during the marriage, they are generally subject to division.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided under a QDRO.
In preparing your QDRO, we’ll request a breakdown from the plan administrator to determine what’s fully vested and what portion may be forfeited if unvested at the time of divorce or QDRO submission.

