Employee vs. Employer Contributions
In a 401(k) profit sharing plan, there are typically two types of contributions:
- Employee Contributions: These are withheld from an employee’s paycheck and are always 100% vested. They are usually the simplest to divide.
- Employer Contributions: These may be subject to a vesting schedule. That means if your spouse hasn’t been with the company long enough, they may not get to keep all of these funds—and you may not be entitled to the full amount, either.
A proper QDRO should make clear whether you as the alternate payee are to receive a share of just the vested portion or of a portion that may vest in the future. That language takes careful drafting, or the plan administrator may reject the order.

