Employee and Employer Contributions
401(k) accounts may contain both employee contributions (which belong to the employee from day one) and employer contributions (which could be subject to a vesting schedule). In your QDRO, you should specify whether the division includes:
- Only vested employer contributions, or
- All employer contributions accrued during the marriage, vested or not
In most cases, employer contributions that are not vested at the time of divorce will be forfeited and not paid to the alternate payee (the spouse receiving a share).

