Employee vs. Employer Contributions
In 401(k) plans, contribution sources often include:
- Employee deferrals: These are typically 100% vested immediately.
- Employer matching or profit-sharing contributions: These may be subject to a vesting schedule.
That matters because only vested amounts can be assigned to the alternate payee. You’ll need to determine how much of the employer contributions, if any, are actually distributable at the time of the QDRO. Anything unvested may be forfeited entirely unless the employee spouse remains with the employer long enough to vest further.

