Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching or discretionary contributions. While the employee portion is always fully owned by the participant, employer contributions may be subject to a vesting schedule. If you’re the alternate payee, you should know that:
- You can’t claim funds that haven’t vested yet
- Plans may treat unvested funds as “forfeitable” if a participant leaves before full vesting
- The QDRO should specify whether the alternate payee’s share includes just vested funds or a percentage of all contributions subject to future vesting

