Employee Contributions vs. Employer Contributions
This plan includes both employee deferrals and employer matching contributions. The key is knowing what portion of those employer funds is vested. Many 401(k)s in the general business sector use vesting schedules that award full ownership of matching funds only after several years of service.
- Only vested employer contributions can be divided in a QDRO. If your former spouse isn’t vested in some of the match, those funds can’t be awarded to you.
- We work with the plan administrator to get the latest vesting report and apply the proper language in the QDRO to avoid disputes or over-allocations.

