1. Employee Contributions vs. Employer Contributions
In most 401(k) plans, employee contributions are immediately vested. However, employer contributions often follow a vesting schedule. This means the participant may not be entitled to all employer matches or profit-sharing contributions—especially if they haven’t reached the necessary years of service.
When drafting your QDRO, it’s essential to:
- Specify whether the alternate payee receives only vested amounts or will share in future vesting
- Clarify if you are dividing just the employee contributions or all sources, including vested employer amounts

