Employee and Employer Contributions
401(k) accounts usually include employee deferrals and employer contributions (such as matching). In a divorce, both types of contributions are typically subject to division unless stated otherwise in the settlement agreement.
However, not all employer contributions are immediately yours. Some are subject to a vesting schedule, meaning the employee has to work a specific number of years to keep them. The QDRO must be clear about how to treat unvested assets. At PeacockQDROs, we help determine the fair share based on what’s vested as of the cutoff date (usually the date of separation or divorce judgment).

