Employee and Employer Contributions
401(k) accounts typically include contributions from both the employee and the employer. Employee contributions are always 100% vested, while employer contributions might be subject to a vesting schedule. When writing a QDRO, it’s important to:
- Specify whether the alternate payee receives a portion of just the vested balance or total contributions
- Address how future contributions are handled (typically, they aren’t included post-divorce)

