Employee and Employer Contributions
401(k) accounts often include both the participant’s contributions (employee) and matching funds or other contributions from the employer. Only vested employer contributions can be awarded to an alternate payee under a QDRO. If the participant is not fully vested in those employer contributions, portions may be off-limits or forfeitable.
For example, if a spouse worked at Unknown sponsor for six years and the vesting schedule requires seven years for 100% vesting, then a percentage of the employer’s contributions may still be unvested—and subject to forfeiture at separation.

