Employee and Employer Contributions
In most 401(k) plans, both the employee and employer make contributions. But only the employee’s contributions are immediately “vested.” The employer’s match often vests over time. The QDRO must clarify what portion of the account the alternate payee receives—and whether they are entitled to all contributions or only vested ones.
- Employer matches that are not vested as of the divorce date generally cannot be divided.
- The plan’s vesting schedule must be obtained before drafting the QDRO to avoid incorrect allocations.

