Employee & Employer Contributions
401(k) plans are funded through two sources—your own paycheck contributions and any matching or profit-sharing amounts from the employer. In many cases, only vested employer contributions are subject to division through a QDRO. That’s why we carefully review:
- The participant’s full account statement or benefit summary
- The employer’s vesting schedule
- The date of marriage and date of separation or divorce
If employer contributions are only partially vested, the non-employee spouse (called the “alternate payee”) may receive less than expected. An experienced QDRO attorney can help you avoid surprises here.

