Employee and Employer Contributions
Most 401(k) accounts include two types of contributions:
- Employee Contributions: These are typically 100% vested immediately and can usually be divided without issue.
- Employer Contributions: These may be subject to vesting schedules. This means the employee must work for a specific period before these contributions fully belong to them.
If the participant has employer contributions that are only partially vested, the QDRO must make clear whether only vested portions are divided, or whether the alternate payee may receive future vested amounts (most plans do not allow this).

