Employee and Employer Contributions
401(k) plans typically include two main types of contributions:
- Employee deferrals: These are fully vested immediately, as they were contributed from the participant’s paycheck.
- Employer matches or contributions: These often follow a vesting schedule. If the employee hasn’t been with the company long enough, portions of the matching contributions may be forfeited.
Make sure to clarify the vesting status as of the “cut-off date”—usually the date of divorce or separation—before drafting the QDRO.

