Employee vs. Employer Contributions
401(k) accounts often include both employee contributions (money put in from each paycheck) and employer contributions (like a match or profit-sharing).
- All employee contributions are typically 100% vested.
- Employer contributions may be subject to a vesting schedule—meaning some of those funds might not be fully owned by the employee yet.
In your QDRO, you’ll want to determine whether the alternate payee is only receiving vested funds, or also any that might potentially become vested later. This can make a big difference in the dollar amount awarded.

