Employee Contributions vs. Employer Contributions
The employee’s deferrals into the 401(k) plan are usually 100% vested immediately, but employer contributions often follow a vesting schedule. For example, the employer may require 3 or 5 years of service before its match is fully vested. The QDRO must distinguish between what portion of the account is vested and available for division versus what may be forfeited, ensuring the alternate payee doesn’t receive funds that don’t legally belong to the participant yet.

