Employee and Employer Contributions
Most 401(k) plans include both employee contributions (deducted from payroll) and employer matching or discretionary contributions. These two types of contributions are treated differently—especially when it comes to vesting.
- Employee contributions are fully vested immediately, so they are always included in a QDRO.
- Employer contributions may be subject to a vesting schedule. If you’re dividing the Treasury Prime 401(k) Plan, you’ll need to find out whether any unvested employer contributions exist. Unvested amounts generally can’t be awarded in a QDRO and may be forfeited if the employee spouse terminates employment.

