Employee Contributions vs. Employer Contributions
401(k) plans typically include both types. Separating these in a QDRO can affect how much the alternate payee gets. The QDRO can specify:
- A fixed dollar amount or percentage of the total plan balance
- Only the employee’s contributions (usually always 100% vested)
- Employer contributions—with careful attention to the vesting schedule
Unvested amounts are a common sticking point in corporate QDROs. If an employee isn’t fully vested, any unvested employer contributions may be forfeited if they leave the company. Your QDRO needs to clarify what happens if that occurs during or after the divorce.

