Employee vs. Employer Contributions
Most 401(k) accounts include both employee deferrals and employer contributions such as matches or profit sharing. These amounts might have different vesting schedules. In the QDRO, you’ll need to specify how these contributions should be divided.
- Employee contributions are generally 100% vested
- Employer contributions may be partially or completely non-vested
Make sure your QDRO only divides the vested portion of the account unless both parties agree otherwise.

