Employee vs. Employer Contributions
Most 401(k) accounts include both employee salary deferrals and employer matching or profit-sharing contributions. In a QDRO, the alternate payee can receive a portion of either or both kinds of contributions. However, only vested amounts can typically be awarded. If the employer contributions are subject to a vesting schedule, unvested amounts may be forfeited if the employee leaves before vesting is complete, meaning they can’t be divided under a QDRO.

