Employee vs. Employer Contributions
This kind of 401(k) plan likely includes both employee deferrals and employer contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. A divorcing spouse is usually only eligible to receive the vested portion of the account as of the date of division specified in the QDRO.
Be sure your QDRO accurately separates:
- Employee elective deferrals (Traditional and Roth contributions)
- Employer matching or profit-sharing contributions that are vested

