1. Employee vs. Employer Contributions
One of the most misunderstood issues in a divorce is how employer contributions are treated. Many 401(k) plans include both contributions made by the employee and those made by the company. But employer contributions often come with a vesting schedule—and if your spouse isn’t fully vested, some of the account balance may not be available to divide.
As part of your QDRO, we’ll help determine:
- What portion of the account is vested and nonforfeitable
- If unvested contributions should be excluded from the alternate payee’s share
- What documentation to request from the plan administrator about vesting schedules

