Employee vs. Employer Contributions
In most 401(k) plans, an employee contributes money from their paycheck, and the employer may match a certain portion. These employer contributions are often subject to a vesting schedule.
- Vested amounts: The QDRO can only divide vested employer contributions. If the participant isn’t fully vested, the alternate payee can’t receive the unvested portion.
- Vesting Schedule: Request the plan’s vesting schedule early in the QDRO process. Knowing which contributions are fully vested affects what can be divided.

