Employee and Employer Contributions
QDROs can award a portion of the employee’s account to the alternate payee (usually the former spouse). But what about the employer match? That’s where it gets more complicated. In many 401(k) plans, employer contributions are subject to a vesting schedule.
- If a portion of the employer contribution is unvested, the alternate payee cannot receive that part.
- It’s essential to draft the QDRO to only include vested amounts as of the date of divorce or another agreed-upon date.
Trying to divide unvested funds can delay payouts and may result in the plan rejecting the QDRO.

