Employee and Employer Contributions
One of the most common mistakes in dividing 401(k) funds is assuming employer and employee contributions are all available for division. That’s not always true.
- Employee Contributions: These are generally 100% vested and available to divide.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion as of the division date can be awarded to the non-employee spouse (the “alternate payee”).
Make sure the QDRO specifically identifies the division date (sometimes called the “valuation date”) to determine what was vested and available at the time of separation or divorce.

