Employee vs. Employer Contributions
Most 401(k) plans consist of two types of contributions:
- Employee contributions: Made directly from the participant’s paycheck. These are always 100% vested and subject to division in a QDRO.
- Employer contributions: These may be subject to a vesting schedule. Only the vested portion can be awarded through a QDRO.
Before drafting the QDRO, it’s essential to get a breakdown of vested and unvested funds from the plan administrator to determine exactly what’s available for division.

