1. Employee and Employer Contributions
401(k) plans often include both employee and employer contributions. Typically, the employee contributions are 100% vested, meaning they belong solely to the participant. Employer contributions, on the other hand, may be subject to a vesting schedule.
In your QDRO, you’ll need to specify whether the alternate payee receives a share of both employee and vested employer funds. If any employer contributions are unvested, they’re generally not transferable unless they vest later under the plan’s rules. You must ensure the QDRO doesn’t mistakenly award unvested amounts unless that’s intended and permitted by the plan terms.

