Employee Contributions vs. Employer Contributions
Most 401(k) plans include both types of contributions:
- Employee Contributions: These are always 100% vested and available to divide based on the marital portion.
- Employer Contributions: Often subject to a vesting schedule. The QDRO must specify whether only the vested portion will be divided, or if it includes deferred vesting (which most plans do not allow, but must be clarified).
If your divorce agreement contains language like “50% of the account,” the QDRO must clarify whether it means 50% of the vested balance as of the date of division or a total account balance including unvested amounts (which is rarely enforced).

