Employee vs. Employer Contributions
With 401(k) plans, contributions come from both the employee and often the employer. The employee’s contributions are always 100% vested and available for division. However, employer contributions may be subject to a vesting schedule. If a participant is not fully vested, part of the employer contributions may be forfeited—and that forfeiture has to be considered when writing the QDRO. If the participant leaves the company before completing the vesting schedule, the alternate payee may receive less than expected.

