Employee and Employer Contributions
Most 401(k) plans consist of:
- Employee contributions: Always 100% vested, these amounts can be divided in your QDRO.
- Employer contributions: Often subject to a vesting schedule. Only the vested portion may be divided between the participant and the alternate payee.
If the participant is not yet fully vested and loses a portion of their employer match after the divorce (due to quitting or being fired), any non-vested amount listed in the QDRO as going to the alternate payee could be lost unless the language anticipates that scenario.

