Employee and Employer Contributions
A major QDRO question is: what portion of the account gets divided? Most 401(k) plans include employee contributions (the money the employee put in from their paycheck) and employer contributions (company matches and possibly profit-sharing).
- Employee contributions are typically 100% vested and subject to division.
- Employer contributions may be partially or fully unvested depending on the plan’s vesting schedule. Unvested funds are generally not eligible for division unless they vest by the distribution date.

