Employee vs. Employer Contributions
Most 401(k) accounts consist of both employee contributions and employer matching funds. In some cases, employer contributions are subject to a vesting schedule. That means not all of the account value may be divisible if the participant hasn’t satisfied the time requirements to become fully vested.
In your QDRO, it’s essential to identify:
- What portion of the account is the result of employee contributions (which are always 100% vested)
- How much consists of employer contributions, and whether those funds are vested
- Whether forfeited employer contributions (due to vesting rules) should be excluded from the alternate payee’s share

