Employee and Employer Contributions
Most 401(k) plans include both employee elective deferrals (contributions made from the employee’s paycheck) and employer profit-sharing contributions. Employee contributions are always 100% vested. Employer contributions, however, may be subject to a vesting schedule.
When drafting your QDRO, you need to do both of the following:
- Specify whether you’re dividing just the vested portion or all employer contributions (subject to future vesting).
- Clarify the employee vs. employer contribution breakdown—otherwise, the alternate payee (typically the non-employee spouse) could be shortchanged.

