Employee and Employer Contributions
Most 401(k) plans include elective deferrals made by the employee and matching contributions from the employer. Your QDRO should clearly state whether both types of funds are being divided—especially if the employer contributions are only partially vested.
- Employee contributions: These are always 100% vested and available for division.
- Employer contributions: These may be subject to a vesting schedule. Any unvested funds at the time of divorce may not be included in the alternate payee’s award unless specific plan terms allow it post-divorce.

