1. Employee and Employer Contributions
In most 401(k) plans, both the employee and employer contribute. It’s essential to separate and address both during QDRO drafting. Only vested employer contributions can be divided. If the employee isn’t fully vested at the time of divorce, the non-employee spouse may not be entitled to the full account balance.
Vesting schedules are typically based on years of service. A six-year graded or three-year cliff vesting is common. We always confirm these details with the plan administrator before finalizing a QDRO for the Screen Innovations 401(k) Plan.

