Employee and Employer Contributions
401(k) accounts typically contain two main types of contributions:
- Employee Contributions: These are always 100% vested and belong to the participating employee. They can be divided based on any timeframe or percentage agreed upon or ordered by the court.
- Employer Contributions: These may be subject to a vesting schedule. In many cases, unvested contributions are forfeited if the employee leaves the company too early.
When dividing the account, you’ll want the QDRO to specify whether only vested amounts should be included, or if the alternate payee is to receive a share of future vesting. If this isn’t addressed, the alternate payee might receive less than expected.

