Employee and Employer Contributions
Most 401(k) plans allow employees to contribute a portion of their salary, often with matching funds from their employer. However, employer contributions might only become fully available after a certain period of employment through a vesting schedule.
- In your QDRO, don’t assume the full account balance is divisible. Check how much is vested.
- Any unvested employer contributions generally cannot be divided and may be forfeited if the employee leaves the company.
- Include plan language that addresses how to divide the account as of a specific date —commonly the date of divorce or separation.

