1. Employee vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. While employee contributions are always fully vested, employer matching or profit-sharing amounts may be subject to a vesting schedule. That means if your ex-spouse left the company before they were fully vested, some of their account balance may not be transferable.
When drafting the QDRO, we’ll request the participant’s vesting report as of the date of divorce. This lets us determine what portion is eligible to be divided.

