Employee vs. Employer Contributions
401(k) plans are funded through both employee salary deferrals and employer contributions. Not all employer-funded amounts may be available for division depending on the vesting schedule. You’ll need to find out:
- What portion of the account consists of employee contributions
- What portion is from employer contributions
- Which employer contributions are fully vested
Unvested employer portions often cannot be awarded to the non-employee spouse. If this isn’t clearly addressed in the QDRO, the alternate payee may expect more than the plan will actually distribute.

