1. Contributions: Who Gets What?
The QDRO must clearly distinguish between:
- Employee contributions: Typically 100% vested and included in marital division
- Employer contributions: May be subject to a vesting schedule—only vested amounts are divisible
In many 401(k) plans, employer contributions vest over time (e.g., 20% per year). If the participant isn’t fully vested at the time of divorce, only the vested portion is eligible for division through a QDRO. Anything unvested is excluded and will revert to the plan if the employee separates before vesting fully.

