Employee vs. Employer Contributions
Employee contributions are fully vested and usually divided first. However, many 401(k) plans, including those like the California Career Institute 401(k) Profit Sharing Plan and Trust, include employer contributions that are subject to vesting schedules. An employee may not be entitled to the employer portion earned during marriage unless those contributions are fully vested.
A well-drafted QDRO should:
- Clarify whether the alternate payee is to receive a portion of just the employee contributions or employer contributions as well
- Account for different vesting timeframes tied to employer matches

