Employee and Employer Contributions
401(k) plans consist of two main types of contributions: employee deferrals and employer matches. In a divorce, both are potentially divisible under a QDRO—but only the vested portion of the employer contributions can be awarded to the alternate payee. If the participating spouse (the “plan participant”) is still employed and not fully vested, some of the employer contributions may eventually be forfeited. A well-drafted QDRO should address this possibility by including language on how to handle forfeitures and vesting changes over time.

