1. Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching contributions. Under divorce law, both types of contributions may be subject to division—if they’re part of the marital estate. However, employer contributions often have a vesting schedule, meaning the employee doesn’t fully own them until they meet certain employment conditions.
When preparing a QDRO, you must decide whether to divide:
- Only vested contributions as of the date of separation or divorce
- All contributions, including those that may vest later
At PeacockQDROs, we walk clients through these choices to avoid surprises later.

