Employee and Employer Contributions
One of the most common misunderstandings in divorces involving 401(k)s is how to split employer contributions. Many 401(k)s include matching contributions made by the employer, but these are often subject to vesting schedules. If the employee is not fully vested at the time of divorce, the non-employee spouse may only be entitled to a portion – or none – of those employer contributions.
In your QDRO, it’s critical to clarify whether you want to divide just the vested balance or include future vesting on outstanding employer contributions made during the marriage. We help our clients make that decision based on the law and their specific goals.

