1. Employee and Employer Contributions
Most divorcing spouses divide the total account value as of a set date (usually the date of separation or another agreed-upon date). However, 401(k) plans like this can include both:
- Employee contributions: These are always 100% vested.
- Employer contributions: These may be subject to a vesting schedule and may not all be available for division.
We make sure your QDRO calculates only the vested portion of employer contributions, unless otherwise agreed to in your divorce terms. Mismatching these figures is one of the most common QDRO mistakes. See morecommon pitfalls.

