1. Contributions: Employee vs. Employer
Most 401(k) plans include both employee contributions (self-funded) and employer contributions (company-funded). A QDRO can specify how to divide each type of contribution, but not all employer contributions may be fully vested.
- Employee Contributions: Fully vested and typically divided on a set percentage (e.g., 50/50).
- Employer Contributions: May be subject to a vesting schedule. Only the vested portion is divisible in a QDRO.
We always review the plan’s Summary Plan Description (SPD) or contact the administrator to verify vesting and contribution rules.

