Division of Contributions
401(k) plans typically contain both employee contributions and employer matching contributions. These need to be addressed separately in your QDRO:
- Employee Contributions: These are always 100% vested and can generally be divided based on a set percentage or dollar amount.
- Employer Contributions: These may be subject to a vesting schedule. The QDRO should clearly address whether the alternate payee is entitled to a share of only the vested portion or includes future vesting.
Be sure to state clearly in your QDRO how contributions should be divided. Many people mistakenly assume all funds are vested equally—that’s a commonQDRO mistake.

