Employee vs. Employer Contributions
401(k) plans typically include both employee and employer contributions. Some may assume these can simply be split 50/50, but that’s rarely the case. Employer contributions often follow a vesting schedule, meaning a portion may not belong to the participant—or their former spouse—until certain conditions are met.
In drafting the QDRO, we make sure:
- Only vested employer contributions are assigned
- Unvested portions are specifically excluded to avoid future confusion
- Both parties are protected from accidental overpayments

