Employee and Employer Contributions
401(k) plans generally include both types of contributions. While employees are always 100% vested in their salary deferrals, employer contributions are typically subject to a vesting schedule.
During the QDRO process, it’s essential to:
- Request the vesting report from the plan administrator.
- Ensure that only vested employer contributions are divided unless otherwise agreed in the divorce settlement.
- Clarify whether the division will apply to post-divorce earnings and contributions.

