Employee and Employer Contributions
A key difference in 401(k) plans versus pensions is the inclusion of both employee and employer contributions. In most cases:
- The employee’s own contributions (plus investment gains) are subject to division.
- Employer contributions may also be divided, but only if they are vested.
Unvested employer contributions can be forfeited if the employee leaves the company before meeting the vesting schedule. The QDRO should clearly state how to handle any future vesting or forfeitures.

