Employee and Employer Contributions
Most 401(k) plans include two types of contributions: what the employee (plan participant) puts in, and what the employer matches or contributes. These contributions are often treated the same in divorce, but only if they’re fully vested. If the plan has a vesting schedule (and most do), the non-employee spouse may only receive the portion of employer contributions that had vested as of the division date.
If your QDRO doesn’t address this, the plan may deny benefits later. That’s why we’re so detailed in our QDRO drafting and review process.

