Employee and Employer Contributions
401(k) balances typically include two types of contributions:
- Employee Deferrals: These are usually 100% vested on day one. They’re your spouse’s own salary deferrals into the plan.
- Employer Contributions: These may be subject to a vesting schedule. If your spouse hasn’t worked for the Unknown sponsor long enough, some employer contributions may be forfeited and therefore not subject to division.
A good QDRO must outline how to divide vested portions only. You don’t want to unknowingly assign a share of unvested or non-existent funds to the alternate payee.

