Dividing Employee Versus Employer Contributions
Not all the funds in a 401(k) plan belong to the employee yet. While employee contributions are always 100% vested, employer matching or profit-sharing contributions often have a vesting schedule. That means some of the employer’s contributions may not be available for division at the time of divorce.
In your QDRO, make sure:
- You specify whether the alternate payee (usually the former spouse) is receiving a portion of each type of contribution;
- You understand the vesting schedule and clarify whether unvested employer contributions are included or excluded;
- You use clear language that directs the plan administrator exactly how to split the account.

