Employee vs. Employer Contributions
QDROs must clearly state how both employee contributions (money the employee voluntarily put in) and employer contributions (such as matching funds) are to be divided. In this plan, you’ll likely be dealing with:
- Employee salary deferrals – These are often 100% vested and available for division.
- Employer match or profit-sharing contributions – May be subject to a vesting schedule. Unvested portions generally stay with the employee.
It’s important during QDRO drafting to confirm the participant’s vesting schedule. If a divorce happens and the former spouse is awarded half of the 401(k), but half includes non-vested employer contributions, the alternate payee may receive less than anticipated.

