Employee vs. Employer Contributions
401(k) accounts often consist of a mix of employee salary deferrals and employer matching or profit-sharing contributions. While employee contributions are typically 100% vested immediately, employer contributions may follow a vesting schedule. If the participant is not fully vested, the alternate payee has no right to the unvested portion—even if the QDRO says otherwise.
We recommend requesting a complete participant statement or plan disclosure to identify what portion of the employer match is currently vested. If employer match contributions are forfeited post-divorce, they won’t be paid out under the QDRO.

