1. Employee vs. Employer Contributions
401(k) accounts generally include two types of contributions:
- Employee Contributions: Always 100% vested. These are the salary deferrals made by the employee.
- Employer Contributions: Often subject to a vesting schedule. These may be partially or entirely forfeited if the employee hasn’t met the required years of service at the time of divorce.
The QDRO should specifically state which types of contributions are included—and handle unvested contributions appropriately. Without that, the alternate payee might end up with less than anticipated.

