Employee Contributions vs. Employer Contributions
With 401(k) plans, you’re dealing with two types of funds: amounts the employee contributed from their paycheck and amounts the employer contributed.
- Employee Deferrals: These are usually 100% vested and easier to divide.
- Employer Contributions: These often have vesting schedules. That means some of the balance may be forfeited if the employee didn’t work long enough.
It’s important to specify in your QDRO how unvested employer contributions should be treated. Otherwise, you risk miscalculating what the alternate payee is owed.

