Employee and Employer Contributions
In most 401(k) plans, both the employee and employer contribute. A QDRO must identify whether both types of contributions are to be split—and how. This becomes even more important when only a portion of the employer contributions are vested.
- Employee contributions are always 100% vested.
- Employer contributions may be subject to a vesting schedule.
If you’re the spouse (Alternate Payee), it’s critical to know what was vested at the time of separation or divorce so you aren’t awarded amounts you’ll never be able to access. The QDRO can and should reflect that only vested funds are divisible.

