Employee and Employer Contributions
In a 401(k) plan, contributions generally come from two sources: the employee and the employer. These contributions may not be fully vested at the time of divorce. Only vested portions can usually be assigned to the alternate payee via QDRO. It’s important to determine:
- What portion of the employer contributions is vested
- If any recent employer contributions will be fully vested shortly after the divorce
Language in the QDRO must be precise to avoid inadvertently awarding unvested or forfeited balances.

