Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions. While the employee contributions are 100% vested, employer contributions may be subject to a vesting schedule. In a divorce, we must clearly specify whether the QDRO award includes only vested amounts or also considers future vesting.
If the alternate payee (usually the non-employee spouse) is awarded unvested employer contributions, those amounts may get forfeited later. We recommend addressing this upfront in the QDRO language to avoid confusion—and future litigation.

