Employee vs. Employer Contributions
401(k) plans usually include both employee contributions (which are fully vested immediately) and employer contributions (which may have a vesting schedule). In divorce, only the vested portion of the account is typically subject to division.
When structuring your QDRO, make sure to:
- Ask the plan administrator for a breakdown of vested vs. unvested employer contributions as of the date of divorce or another relevant date (like separation).
- Clarify whether the QDRO should apply only to vested funds.
- Include language that addresses what happens if employer contributions vest after the divorce.

