1. Employee vs. Employer Contributions
401(k) plans typically include contributions made by the employee (the participant) and contributions made by the employer, such as matches or profit-sharing. These amounts may have different vesting schedules.
- Employee contributions are always 100% vested and can be divided without restriction.
- Employer contributions are often subject to vesting. If an employee is not fully vested, only the vested portion can be divided via QDRO.
We always review the plan’s vesting schedule to determine whether the alternate payee can only receive a portion of employer-provided funds. If not yet vested, the non-vested portions are usually forfeited, and we help ensure your QDRO appropriately excludes those amounts, preventing future disputes.

