Employee Contributions vs. Employer Contributions
401(k) plans typically include two types of contributions:
- Employee Contributions – These are fully vested immediately and must be included in the marital division.
- Employer Contributions – These usually follow a vesting schedule. Unvested amounts can be forfeited if the employee leaves the company before completing years of service.
In your QDRO, we will need to clarify whether the alternate payee (the spouse receiving a share) is entitled to just vested funds or a portion of all contributions, including unvested ones as they vest in the future. We usually recommend that the QDRO cover both current and future vesting to avoid a second order later.

