Employee and Employer Contributions
One of the most overlooked points in dividing 401(k) plans is understanding the distinction between employee and employer contributions. While employees are typically 100% vested in their own contributions, employer contributions may be subject to a vesting schedule. That means:
- Only vested employer contributions are divisible by QDRO
- Any non-vested amounts usually return to the plan if the employee leaves before full vesting
For this plan, we recommend verifying whether partial employer contributions are vested, especially if the employee has not been with the company for long.

