Employee and Employer Contributions
All 401(k) plans consist of employee contributions (what the participant defers from their paycheck) and often employer contributions (match or profit-sharing). Some employer contributions are subject to a vesting schedule, meaning they only belong fully to the participant after a certain number of years of service.
When dividing this plan, the QDRO must clearly determine whether the alternate payee will receive:
- A portion of the total account, including vested employer contributions
- Only the portion attributable to employee contributions
- A share limited to what was vested as of the date of divorce
The plan’s summary plan description (SPD) is key for confirming which parts are subject to vesting and what the current vesting status is.

