Employee vs. Employer Contributions
401(k) accounts typically include two kinds of contributions:
- Employee Contributions: These are always 100% vested and easily divided.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion as of the date of divorce can typically be awarded to the alternate payee.
If the QDRO mistakenly includes unvested amounts, the alternate payee may end up with less than promised. That’s why it’s vital to include language that clearly defines valuation and vesting dates.

