Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions. Employee deferrals are always 100% vested. However, employer contributions—especially profit-sharing portions—usually have a vesting schedule. That means some of the money in the account may not legally belong to the participant yet, and therefore not subject to division.
When preparing your QDRO, it’s important to clarify:
- Whether employer contributions are included in the division
- If so, whether only vested amounts are being divided
- What happens to forfeited unvested amounts

