Employee and Employer Contributions
Most 401(k) plans contain contributions from both the employee and the employer. In QDRO drafting, we distinguish between:
- Employee Contributions: Fully vested and always payable to the participant. These can be divided without issue.
- Employer Contributions: Often subject to a vesting schedule. That means some of the balance may be forfeited if the participant leaves employment early or hasn’t met the required service time.
We carefully review the vesting schedule. The QDRO should only divide the vested portion, unless your divorce settlement says otherwise. We make sure the award language reflects that distinction so there are no surprises.

