Employee vs. Employer Contributions
401(k) accounts typically include two types of contributions:
- Employee Contributions: Money the employee personally set aside, usually fully vested and subject to division.
- Employer Contributions: Often subject to a vesting schedule, which means not all of the employer’s contributions may be available for division.
A well-drafted QDRO should clearly spell out whether only vested amounts are being divided or if there’s potential for future vesting to be included in the alternate payee’s share. We regularly coordinate with plan administrators to ensure clarity on this topic before filing.

