Employee and Employer Contributions
Participants in 401(k) plans usually contribute a portion of their salary, and the employer may match contributions. It’s important to understand that:
- Only employer contributions that are vested can be divided in a QDRO.
- Employee contributions and their gains are always 100% vested and available for division.
If the participant is not fully vested, the alternate payee might only receive part of the employer’s match—or none at all. The QDRO must specifically account for this by clearly stating what is to be divided (e.g., “100% of the marital portion of vested balances only”).

