Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. These contributions are often subject to different rules:
- Employee contributions usually belong fully to the employee immediately. They’re easy to divide in a QDRO.
- Employer contributions may have a vesting schedule. If the employee spouse hasn’t worked at the company long enough, some of the account may be “unvested” and not eligible for division.
Your QDRO must be carefully worded to exclude unvested amounts or account for changes in vesting after the divorce date.

