Employee vs. Employer Contributions
This 401(k) plan likely includes a mix of employee contributions, employer matches, and possibly even profit-sharing contributions. A well-drafted QDRO should clearly state which portions the alternate payee (usually the ex-spouse) is entitled to receive.
- Employee Contributions: These are usually 100% vested immediately and dividable in full at the marriage cut-off date.
- Employer Contributions: These may be subject to a vesting schedule. Any unvested amounts as of the divorce date typically remain with the employee.

