Employee and Employer Contributions
Most 401(k) plans include a portion that comes from employee contributions and another from employer contributions. Employer contributions might be subject to a vesting schedule. If the alternate payee is awarded a portion of the account, it’s essential to clarify:
- Whether both employee and employer contributions are included in the division
- Whether unvested employer contributions are part of the award
- Whether future vesting will be taken into account or excluded at cutoff
Vesting percentages can drastically affect the amount the alternate payee receives. For example, if 40% of employer contributions are unvested at the time of division, the QDRO must clearly address if those funds are included or excluded.

