Employee and Employer Contributions
Most 401(k) plans feature both employee deferrals and matches or contributions from the employer. However, only the participant’s vested portion is usually eligible for division in a QDRO. If the participant hasn’t been with the company long, some employer contributions may not yet be vested and could be forfeited.
- Unvested funds will not be paid to an alternate payee.
- Your QDRO should clearly state if it covers only vested balances as of the divorce or as of the division date.

