1. Employer vs. Employee Contributions
401(k) accounts typically contain both employee and employer contributions. You are automatically entitled to a portion of employee contributions accrued during the marriage. However:
- Employer contributions may be subject to a vesting schedule.
- Only the portion vested as of the division date can be shared through a QDRO.
- Unvested employer funds revert back to the plan if the participant leaves the company before vesting—these cannot be assigned to the alternate payee (you).
We draft QDROs to specifically address vesting, so the plan will only distribute the proper, legally divisible share.

