1. Employee and Employer Contributions
401(k) plans include both employee deferrals and employer contributions. One of the biggest issues in divorces is determining whether employer contributions are fully vested. If they’re not, and the account holder isn’t entitled to keep them after leaving the company, these unvested amounts may not be accessible to the non-employee spouse (also known as the alternate payee).
We recommend including specific language in your QDRO clarifying that only the vested portion of employer contributions will be divided unless otherwise agreed in settlement. If no clear language is used, disputes can arise later.

