Employee vs. Employer Contributions
Participant 401(k) accounts typically include both:
- Employee contributions: These are always 100% vested and available to be assigned to an alternate payee via QDRO.
- Employer contributions (profit sharing or match): These often vest over time. An unvested portion may be forfeited, depending on how long the participant has been with the company.
When drafting a QDRO, don’t assume employer contributions are fully vestable. Get confirmation from the plan administrator on the participant’s vesting status as of the divorce date or valuation date.

