Employee vs. Employer Contributions
401(k) plans typically have two sources of funds:
- Employee Contributions: These are made directly from the participant’s paycheck and are always 100% vested.
- Employer Contributions: These can be subject to a vesting schedule and may not be fully owned by the participant at the time of divorce.
The QDRO should state whether it covers both types or only the vested portion of employer contributions. If you’re the alternate payee, make sure you aren’t relying on a percentage of contributions that are unvested—it could leave you with less than expected.

