Employee and Employer Contributions
401(k) plans may include:
- Employee contributions: These are usually fully vested immediately and are subject to division.
- Employer contributions: These contributions may be subject to a vesting schedule. An ex-spouse is generally only entitled to the vested portion.
Your QDRO must account for both kinds of contributions and clearly state whether only vested funds are to be divided. A common mistake is to attempt division of unvested funds—leading to rejected orders or delays. Learn more about avoiding these errors in our guide oncommon QDRO mistakes.

