Employee and Employer Contributions
With 401(k) plans, participants often receive both employee and employer contributions. Only the vested portion of employer matches can be awarded in a QDRO. The QDRO must clearly state whether the alternate payee is entitled to amounts that have not yet vested. If you’re dividing the account as of a certain date, you’ll need to know exactly what’s vested—and what isn’t—on that date. Keep in mind that forfeitures of unvested employer match amounts can occur after divorce.

