Employee vs. Employer Contributions
401(k) plans generally include:
- Employee elective deferrals: These are contributions made directly from the participant’s paycheck.
- Employer contributions: These may include matching or discretionary contributions.
All contributions might not be fully vested depending on the employer’s policy. In a QDRO, only the vested portion of employer contributions is usually divisible. If your spouse has unvested amounts, those are typically forfeited if they leave before meeting the vesting schedule.

