Employee vs. Employer Contributions
It’s critical to understand that not all 401(k) money is treated the same. Many 401(k) plans include:
- Employee Contributions: These are typically 100% vested immediately and usually included in the division.
- Employer Contributions: These may be subject to a vesting schedule. Some or all may be non-vested (and thus unavailable) as of the division date.
When drafting a QDRO, make sure it clearly states how to treat vested and non-vested employer contributions. You don’t want a scenario where someone expects to receive a share of funds that the employee never becomes entitled to.

