Employee vs. Employer Contributions
Traditional 401(k) plans include pre-tax employee contributions and, often, employer matching or profit-sharing contributions. Only certain portions of employer contributions may be vested. For example:
- If the employer has a 6-year graded vesting schedule, the employee must work for six years before they’re 100% vested in employer contributions.
- Unvested amounts may be forfeited if the employee isn’t fully vested at the time of divorce or separation from the company.
When drafting your QDRO, be sure it specifies whether it includes only vested benefits or attempts to divide all plan benefits (which may include both vested and unvested contributions).

