1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. They’re not treated the same in divorce. Employer contributions may be subject to a vesting schedule—meaning they aren’t fully owned by the participant until certain service milestones are met. If your spouse is not fully vested, any unvested balance should be excluded from the QDRO division. Your QDRO must distinguish between vested and non-vested amounts to prevent future disputes or confusion during implementation.

