Employee vs. Employer Contributions
In most 401(k) plans—including the Crystal Springs Uplands School Defined Contribution Retirement Plan—there are two funding sources:
- Employee Contributions: These are always 100% vested and can be divided based on the formula used in the QDRO (usually a specific date or formula like the “coverture formula”).
- Employer Contributions: These often follow a vesting schedule. If an employee isn’t fully vested at the time of divorce, the unvested portion may be forfeited and should not be assigned to the alternate payee.
It’s vital that the QDRO makes clear how the vested and unvested amounts are handled so the plan administrator can correctly calculate the alternate payee’s share.

