Employee and Employer Contributions
401(k) plans often include not only what the employee contributes, but also matching or discretionary employer contributions. In a QDRO, only vested employer contributions may be divided. It’s critical to verify these through plan records before dividing the account.
- Check the participant’s most recent statement for total and vested balances.
- Unvested amounts may be forfeited if the employee leaves their job before vesting is complete.
- Make sure your QDRO clearly states how both vested and unvested contributions will be handled—especially if a delay in vesting is possible after divorce.

