Employee and Employer Contributions
401(k) plans typically include contributions made by the employee and often some level of employer match. The QDRO must clearly state how each type of contribution is to be divided.
- Employee Contributions: Generally 100% vested immediately; typically included in QDRO distributions.
- Employer Contributions: Often subject to vesting schedules. Only the vested portion can be divided via QDRO.
If the participant is not yet 100% vested, the nonvested portion may be forfeited, and this impacts what can go to the alternate payee.

