Employee vs. Employer Contributions
401(k) accounts often include both employee and employer contributions. In some cases, the employer contributions are subject to a vesting schedule. In your QDRO, it’s critical to distinguish between vested balances and any portion of the employer contributions that remain unvested. Unvested funds may be forfeited if the employee leaves the company before full vesting. The alternate payee (usually the non-employee spouse) can only receive their share of the vested balance.

