Employee vs. Employer Contributions
Most married couples assume everything in the 401(k) is fair game, but that’s not always true. Employer contributions may follow a vesting schedule. If the participant hasn’t met the required work years or milestones, some portion of the employer’s contributions could be forfeited. In drafting the QDRO, it’s important to specify whether the division applies to:
- Just the employee’s contributions and earnings
- The vested portion of employer contributions
- All contributions regardless of vesting (rarely allowed)
The Chroma Medicine 401(k) Retirement Plan may have a vesting table based on years of service, so you or your attorney will need to confirm the participant’s vesting status as of the date of division.

