1. Contributions and Vesting: What’s Actually Divisible?
401(k) accounts are generally comprised of pre-tax employee contributions, employer matching contributions, and in some cases, Roth contributions. However, not all of those amounts are necessarily divisible during a divorce:
- Employee Contributions: Always 100% vested and available for division via QDRO.
- Employer Contributions: May be subject to a vesting schedule. If the employee spouse is not fully vested, some of the employer contribution balance may be excluded.
It’s essential to review the plan’s vesting schedule before drafting the QDRO. Otherwise, you risk ordering the division of funds that legally don’t belong to the participant yet—or might be forfeited.

