Employee vs. Employer Contributions
401(k) balances usually come from two types of contributions: employee and employer. An accurate QDRO needs to define whether the alternate payee receives a portion of:
- All contributions (both employee and employer)
- Only vested contributions
- Only contributions accrued during the marriage
Some employer contributions are subject to vesting schedules—meaning the employee may lose some amounts if they leave before a certain number of years. Those unvested amounts can’t be awarded in a QDRO, so it’s crucial to determine what’s vested as of the valuation date.

