1. Employee vs. Employer Contributions
401(k) plans usually contain two types of contributions: those made by the employee and those made by the employer.
- Employee Contributions: These are typically 100% vested and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule. Any unvested portion at the time of divorce may not be available to the alternate payee.
The QDRO must specify whether the alternate payee will receive only vested assets or also a portion of future vesting. Our office can help draft this language correctly to protect your interests.

