Employee and Employer Contributions
401(k) plans are made up of various contribution sources:
- Employee Contributions: These are always 100% vested and will be divided per the QDRO terms.
- Employer Contributions: These may be subject to a vesting schedule. Unvested amounts typically revert to the plan if the participant leaves the company before they’re fully vested.
If you are negotiating your divorce settlement, be sure to find out which funds are vested versus unvested. A well-drafted QDRO will specify that the alternate payee (the ex-spouse) receives only the vested portion as of a specific date—usually the divorce or separation date.

