Employee vs. Employer Contributions
401(k) plans often contain different types of contributions:
- Employee Contributions: These are always fully vested. The participant’s own salary deferrals are not subject to forfeiture.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion is divisible in a divorce.
A proper QDRO must clearly state whether the former spouse is receiving a portion of only vested amounts as of the divorce date or if future vesting is also included. Choosing the wrong language can result in the alternate payee receiving less than expected—or facing a plan rejection.

