Employee vs. Employer Contributions
One of the first questions we ask when reviewing a QDRO for a 401(k) plan is how much of the balance is attributable to employee contributions (which are always the participant’s) versus employer contributions (which may be subject to vesting). In many plans, employer contributions vest over time. If the employee is not fully vested at the time of separation or divorce, the alternate payee may receive less than expected unless this is clearly addressed in the QDRO.

