1. Employee vs. Employer Contributions
Most 401(k) plans include two sources of funds: contributions made by the employee and those made by the employer. While employee contributions are always 100% vested, employer contributions might be subject to a vesting schedule. When preparing a QDRO, it’s important to specify whether the alternate payee receives a share of:
- Only vested employer contributions
- The entire balance (including forfeitable amounts), or
- Only the participant’s contributions (not usually advisable unless agreed upon)
Typically, the QDRO awards a percentage earned during the marriage period. If the plan uses a graded vesting schedule, unvested employer contributions may not be available unless they become vested before the division.

