Employee and Employer Contributions
Most 401(k) plans involve both employee deferrals and employer profit-sharing or matching contributions. A QDRO can divide both, if the participant is vested. Be aware that:
- Employee contributions are always 100% vested.
- Employer contributions may be subject to a vesting schedule (e.g., 20% per year over five years).
It’s essential to check the vesting percentage on the date of separation or the QDRO valuation date. If you assign 50% of an account that’s only 60% vested, the alternate payee could receive less than expected.

