Employee vs. Employer Contributions
In many cases, only part of the account is actually vested—that is, owned—by the participant. With 401(k) plans, employee salary deferrals are always 100% vested. But employer matching or profit-sharing contributions may be subject to a vesting schedule. If your QDRO includes employer contributions that the participant hasn’t yet vested in, the alternate payee may later lose access to those funds. We help you identify what portion of the account is truly divisible as of your divorce date.

