Employee and Employer Contributions
The QDRO must specify whether both employee and employer contributions are to be divided. With 401(k) plans, the employee’s contributions are always 100% vested. However, employer contributions may follow a vesting schedule and could be subject to forfeiture if not vested at the time of divorce or separation. The order should clearly identify:
- Whether the division includes both employee and employer contributions
- The percentage or dollar amount to be awarded to the alternate payee
- The specific valuation date or formula for determining the divided amount

