Employee vs Employer Contributions
401(k) accounts usually have two types of funds: what the employee (the plan participant) contributes, and what the employer contributes—usually in the form of matching percentages.
- Employee deferrals are always 100% vested and subject to division.
- Employer contributions may be subject to a vesting schedule. Unvested contributions typically are forfeited when the employee leaves the company.
The QDRO should clearly state whether the alternate payee receives a share of only the vested portion as of the date of divorce or includes amounts that vest later.

