Employee vs. Employer Contributions
Typically, both parties contribute to a 401(k)—employees through salary deferrals and employers through matching contributions. When dividing this plan, you’ll need to distinguish between:
- Employee salary deferrals, which are usually 100% vested right away
- Employer contributions, which may be subject to a vesting schedule (meaning some may not be earned at the time of divorce)
A QDRO should clearly specify how both types of contributions are handled. An order that doesn’t sort this out can lead to confusion and delays when payments are made.

