Employee and Employer Contribution Split
One of the most important aspects of plan division is deciding how to handle contributions. With 401(k) plans, there are typically two types:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: These may be subject to a vesting schedule. If the employee isn’t fully vested, some portions may not be eligible for transfer to the alternate payee.
When drafting a QDRO, you should clearly specify whether both sources of contributions are to be divided or only the vested portion. A well-prepared QDRO will also address any future employer contributions allocated to the period of marriage.

