Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. Only vested amounts from employer contributions can be assigned under a QDRO. If the employee spouse isn’t fully vested, the alternate payee could receive less than expected.
The vesting schedule must be reviewed carefully. For example, if employer contributions vest over five years, only a portion might be includable if the employee hasn’t yet reached full vesting. We always request this information directly from the plan administrator to ensure accuracy.

