Employee and Employer Contributions
401(k) plans have both employee and employer contributions. Typically, employee contributions are 100% vested (owned by the employee) immediately. But employer contributions may be subject to a vesting schedule—meaning not all of the employer-funded money may be available to divide in the divorce.
The QDRO must clearly define:
- Whether both types of contributions are included in the division
- The cut-off date for the division (usually the divorce date, separation date, or another agreed-upon date)
- Whether the awarding spouse receives a percentage or fixed dollar amount

