Employee and Employer Contributions
Most 401(k) plans are funded by both the employee and (often) the employer. The QDRO must specifically state how each contribution type will be divided. If the plan includes employer matching or profit-sharing contributions, you’ll also need to account for:
- Vesting: Unvested employer contributions may not be transferable at the time of divorce; they often have a graded or cliff vesting schedule.
- Forfeiture Policies: If your spouse leaves employment before certain vesting thresholds are met, any unvested funds may be forfeited, even if included in the QDRO.
The plan administrator’s summary plan description will usually detail the vesting schedule, which your attorney or QDRO expert should review.

