1. Dividing Employee and Employer Contributions
401(k) accounts typically include two types of contributions: those made by the employee (the “participant”) and those made by the employer. In divorce, both contribution types can be divided—provided they are vested. If the participant is still working, some employer contributions may not yet be fully vested and therefore may not be eligible for immediate division.
In preparing a QDRO for this plan, we’ll help determine:
- Whether employer contributions are vested as of the division date
- If unvested amounts might become vested in the future
- Whether the alternate payee’s share should be recalculated later if additional vesting occurs

