Employee and Employer Contributions
401(k) plans typically consist of both employee salary deferrals and employer matching contributions. When splitting these accounts:
- Employee contributions are always fully vested and can be divided without restriction.
- Employer contributions may be subject to a vesting schedule; only the vested amount is divisible by QDRO.
The QDRO must specify the date at which the account balance is divided (often the date of divorce or separation) and clearly state whether it applies to just vested assets or all assets, including future vesting.

