1. Employee and Employer Contributions
401(k) plans typically include both employee salary deferral contributions and employer matching contributions. A QDRO can award a portion of either or both types of contributions. However, employer contributions are often subject to a vesting schedule. If an employee divorces before they are fully vested, the non-vested funds may not be available for division.
That’s why it’s critical to determine the participant’s vesting schedule and current vesting status. We often confirm this directly with the plan administrator as part of the QDRO process.

