Employee vs. Employer Contributions
In most 401(k) plans, employees contribute through salary deferral, often matched—or partially matched—by employer contributions. In divorce, those matching contributions can be subject to vesting schedules.
This means:
- The employee spouse may not yet be entitled to keep the employer match if they haven’t met service requirements.
- The alternate payee (typically the ex-spouse receiving a share) cannot receive more than what the employee actually owns.
PeacockQDROs frequently sees drafts that mistakenly attempt to award unvested amounts. We’ll double-check with the plan—or help you request a statement—so your order doesn’t include benefits your ex doesn’t actually have.

