Employee vs. Employer Contributions
401(k) plans typically contain both:
- Employee contributions: Money the participant contributes directly from their paycheck.
- Employer contributions: Money the company contributes, often subject to a vesting schedule.
A QDRO can divide both types, but unvested employer contributions may not be subject to division unless the participant later becomes vested. Your order should specify whether unvested funds that become vested post-divorce will be included in the alternate payee’s share.

