Employee vs. Employer Contributions
401(k) plans typically have two types of contributions to consider in divorce:
- Employee Contributions: These are always 100% vested and should be included in the QDRO.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be awarded to the non-participant spouse.
If you’re not sure what percentage of employer contributions are vested, get a copy of the participant’s latest benefits statement or contact the plan administrator before drafting the QDRO.

