1. Employee and Employer Contributions
Most 401(k) accounts are funded through both employee and employer contributions. In divorce, it’s important to know what money is in the account and who contributed it. While the employee’s contributions are typically 100% vested, the employer contributions may be subject to a vesting schedule—especially in plans sponsored by business entities like the Trafigura trading LLC retirement savings plan.
If a portion of employer contributions are not yet vested, they may be excluded from the QDRO award. An experienced QDRO attorney will help you determine the amount eligible for division based on vesting status as of the date of divorce or the date chosen by the parties.

