1. Employee vs. Employer Contributions
Most divorcing spouses assume the balance in a 401(k) account is fully divisible. In reality, only vested amounts are included in QDRO divisions. The participant’s contributions are always fully vested. Employer contributions, however, may be partially or fully unvested depending on the plan’s vesting schedule.
To divide contributions correctly, the QDRO needs up-to-date information about:
- How much of the employer contribution is vested
- The type and date of each contribution
- The plan’s vesting policy (usually stated in the Summary Plan Description)

