Employee vs. Employer Contributions
In many 401(k) plans, the employee contributes a portion of their salary, while the employer may match those contributions up to a certain limit. These employer contributions may be subject to a vesting schedule—meaning the employee may only be entitled to a portion of them depending on their years of service.
When drafting the QDRO, it’s important to specify whether the alternate payee is receiving a share of:
- Only the vested portion
- Both vested and non-vested amounts as of the division date
Unvested employer contributions may revert to the plan if the employee separates from service before they’re fully vested. This is critical because a misworded QDRO could inadvertently award benefits that might not exist in the future.

