Employee vs. Employer Contributions
In 401(k) plans, contributions generally consist of two components:
- Employee Contributions: These are deferrals from the participant’s paycheck. They’re typically 100% vested immediately and can be divided in a QDRO without issue.
- Employer Contributions: These are subject to vesting schedules. If only 60% of the employer match is vested at the time of divorce, only that portion can be assigned in the QDRO.
Before dividing the plan, it’s crucial to determine which portion is vested. Any non-vested employer contributions can’t be awarded to the alternate payee—meaning they may be forfeited entirely.

