Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching contributions. However, not all matching contributions may be fully vested at the time of divorce. The QDRO must be specific about what portions are divided:
- Employee contributions are always fully vested and typically easier to divide.
- Employer contributions may be subject to a vesting schedule, meaning only a portion may be available to the non-employee spouse.
- The QDRO should specify whether the alternate payee will receive only vested amounts or also a share of unvested funds if they become vested later.

