Employee vs. Employer Contributions
401(k) plans typically include:
- Employee contributions: Fully vested immediately. These are subject to division under a QDRO.
- Employer contributions: May be subject to a vesting schedule, which means only a portion may be divisible if the participant hasn’t met all service requirements at the time of divorce.
When drafting a QDRO, it’s essential to identify the vested portion of the account. Unvested employer contributions cannot legally be awarded to the non-employee spouse (the “alternate payee”) until and unless they vest.

