Employee and Employer Contributions
401(k) plans accept two types of contributions:
- Employee Contributions: These usually vest immediately and are 100% divisible in a QDRO.
- Employer Contributions: These often follow a vesting schedule, meaning only a portion may be available to divide based on length of service.
It’s vital to review the vesting schedule to avoid awarding amounts that legally belong to the employee alone. If the participant hasn’t met the vesting requirement, those benefits may be lost or redistributed by the plan—not to the alternate payee.

