Employee and Employer Contributions
Most 401(k) plans include two sources of contributions:
- Employee Contributions: Taken directly from the employee’s paycheck and always 100% vested.
- Employer Contributions: Often include match or profit-sharing contributions. These may be subject to a vesting schedule.
Make sure your QDRO clearly states whether the alternate payee receives a percentage of the total account balance or only the vested balance. If it includes employer contributions, the QDRO should specify how to handle non-vested amounts at the time of division.

