Employee and Employer Contributions
In most 401(k) plans, participants make contributions through payroll deductions. The employer can also offer matching or discretionary contributions. Here are the key takeaways as they relate to QDROs:
- Employee contributions are typically 100% vested and available to divide.
- Employer contributions may be subject to a vesting schedule, meaning the employee must work a certain length of time before gaining ownership of those funds.
Your QDRO should distinguish between vested and unvested amounts. Only vested employer contributions can be allocated to the alternate payee.

