Employee and Employer Contributions
The first piece to untangle is what type of funds are in the plan. Most 401(k) accounts include salary deferral contributions (from the employee) and employer matching or profit-sharing contributions. Here’s the catch:
- Employee contributions are always fully vested.
- Employer contributions may be subject to a vesting schedule—and portions may be forfeited if not vested at the time of QDRO submission.
A good QDRO will clarify whether the alternate payee (the spouse receiving a share) is entitled only to vested account portions or whether the parties agree to divide all amounts, even if unvested (subject to plan allowance).

