Employee vs. Employer Contributions
One of the most important aspects of dividing a 401(k) is distinguishing between employee contributions and employer matching contributions. In some plans, the matching portion may still be subject to a vesting schedule. If the participant hasn’t completed enough service, some employer funds might not yet be “vested” and could be lost.
A proper QDRO will specify whether the alternate payee should receive a share of just the employee contributions or both. At PeacockQDROs, we clarify this based on plan documents and employment history during our intake process.

