1. Employee vs. Employer Contributions
In most 401(k) plans, both employees and employers can make contributions. However, employer contributions are usually subject to a vesting schedule. This means the participant earns the right to those amounts gradually over time.
It’s important to know:
- Only vested amounts can be paid to the alternate payee through a QDRO
- If the divorce is early in the marriage or employment period, the employer contributions may not be fully vested
- Unvested funds may become forfeited if the participant terminates employment

