Employee and Employer Contributions
401(k) plans typically include contributions from both the employee and the employer. Under a QDRO, only the portion earned during the marriage is subject to division. However, any employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested, the non-vested amounts may end up being forfeited.
We often recommend including language in the QDRO that protects the alternate payee’s interest only in fully vested amounts to avoid later disputes about plan values.

