1. Employee vs. Employer Contributions
A 401(k) plan can include both sources of contributions:
- Employee contributions: Typically fully vested immediately and easier to divide.
- Employer contributions: May be subject to a vesting schedule, which determines if and when a participant has full ownership.
In a QDRO, you can only divide vested portions of the plan. If an alternate payee is awarded a share of employer contributions but those contributions aren’t vested yet, they may be forfeited if the participant leaves the job.

