Employee and Employer Contributions
401(k) accounts often include both employee deferrals and employer matching contributions. Whether or not you’re entitled to a share of employer contributions can depend on the plan’s vesting schedule—and the details need to be clearly stated in your QDRO. While employee contributions are always 100% vested, employer contributions may only vest over time.
If your spouse hasn’t been with the company long enough, some or all of the employer contributions may be forfeited. Make sure your QDRO either:
- Limits your share to vested amounts only, or
- Includes language that allows you to benefit from any future vesting.

