Employee and Employer Contributions
401(k) plans typically consist of two parts: the amounts the employee contributes and any employer match or profit-sharing contributions. A QDRO can divide either or both, but it’s important to understand what’s included in the balance as of the date to be divided.
- Employee contributions are normally 100% vested from day one.
- Employer contributions commonly vest over time (e.g., 20% per year of service).
- Unvested amounts may be forfeited, and a QDRO cannot grant what was not vested at the time of division.

