Employee and Employer Contributions
QROs for 401(k) plans need to clearly distinguish between:
- Employee contributions: These are usually 100% vested and relatively easy to divide.
- Employer contributions: These are subject to vesting rules. If the participant isn’t fully vested, the alternate payee won’t receive any portion of the non-vested balance, and it must be addressed in the order.
Employer contributions can sometimes be forfeited if the employee leaves before vesting. Your QDRO should specify whether the alternate payee is entitled to any share of contributions that eventually vest.

