Employee and Employer Contributions
401(k) plans typically include two types of contributions:
- Employee Contributions: Fully owned by the employee and usually 100% vested from day one.
- Employer Contributions: Often subject to a vesting schedule, meaning the employee earns ownership over time (e.g., 20% per year).
The QDRO must clearly state how vested and non-vested funds are dealt with. If the plan participant isn’t fully vested, the alternate payee may only get a share of the vested employer contributions. Be cautious—incorrectly assuming 100% vesting can lead to losing part of what you were awarded.

