1. Employee and Employer Contributions
In 401(k) plans, you’ll commonly see two types of contributions:
- Employee Contributions: These are typically 100% vested and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule, which determines what portion the participant is entitled to keep based on time of service.
If the employer contributions include unvested portions, those may be forfeited if the participant leaves the company before meeting the required service time. A well-drafted QDRO should distinguish clearly between vested and unvested balances and allocate only the portion the participant has legal rights to on the valuation date.

