Employee vs. Employer Contributions
401(k) plans typically include:
- Employee Contributions: Deferred from the participant’s paycheck and almost always 100% vested
- Employer Contributions: Often subject to a vesting schedule tied to years of service
Under a QDRO, only the vested portion of the account can be divided. Unvested employer contributions generally remain with the employee and are not transferable to the alternate payee. That makes checking the vesting schedule critical during QDRO drafting.

