Employee vs. Employer Contributions
401(k) accounts typically include both employee deferrals and employer match contributions. In most divorces, only the portions earned during the marriage are subject to division. However, employer contributions often come with vesting schedules, meaning not all funds are fully earned at the time of divorce.
The QDRO must clearly state whether the alternate payee is only receiving vested amounts, or if a percentage of unvested accounts is also to be considered. If the participant changes jobs before full vesting, that can impact the alternate payee’s share.

