1. Employee and Employer Contribution Divisions
In most 401(k) plans, employees contribute with each paycheck, and employers may match a percentage of those contributions. In divorce, the QDRO can allocate a portion of:
- All employee contributions made during the marriage
- Vested employer matching contributions
- Investment gains and losses from the date of marriage to the date of division
Unvested employer contributions may be off-limits, depending on the terms of the plan. We always confirm the vesting schedule before drafting your QDRO.

