Employee vs. Employer Contributions
401(k) plans usually contain two main types of contributions: amounts the employee voluntarily contributed from their paycheck, and employer “match” contributions. In many cases, only the participant’s contributions are 100% vested right away, while employer contributions can be subject to a vesting schedule.
When drafting a QDRO, it’s critical to:
- Clarify whether the alternate payee (usually the non-employee ex-spouse) will receive a percentage of the total account or just the vested portion.
- Include language to exclude unvested funds if that’s the agreement—or address what happens to funds that become vested after the divorce.

