Employee vs. Employer Contributions
Many 401(k) plans consist of two primary slices: the portion the employee contributed and the matching contribution made by the employer. In divorce, both may be divided. However, employer contributions often come with vesting rules based on years of service. Unvested amounts at the time of divorce can’t legally be allocated to the non-employee spouse.
In your QDRO, it’s critical to:
- Specify whether the division includes only vested balances
- Account for future vesting if the plan permits post-judgment awards

