Employee Contributions vs. Employer Contributions
Employee contributions are always 100% vested, while employer contributions may be subject to vesting schedules. The Zoom Tan 401(k) Plan, like many plans offered by corporate employers, could have a multi-year vesting schedule for employer matches or profit-sharing. This means the non-employee spouse may only be entitled to a portion—or none—of those employer contributions if the participant hasn’t met the service requirements at the time of divorce.
When drafting a QDRO, it’s essential to specify whether the alternate payee is receiving:
- A portion of just the vested balance
- A share that includes only employee deferrals
- Both employee and vested employer contributions
We review the vesting terms of the Zoom Tan 401(k) Plan to make sure the QDRO only applies to eligible funds—and avoids delays or objections from the plan administrator.

