Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions (such as matches or profit-sharing). Often, only the employee contributions are fully vested, while employer contributions may be subject to a vesting schedule.
When drafting the QDRO, it’s vital to account for:
- How much of the employer contribution is vested at the time of divorce
- Whether the alternate payee (usually the non-employee spouse) will receive a full or proportional share
- If unvested funds are later forfeited, whether they should affect the alternate payee’s portion

