Employee vs. Employer Contributions
In a 401(k) profit-sharing plan, accounts typically hold both employee contributions and employer contributions. While the employee’s portion is always theirs, employer contributions may be subject to a vesting schedule. If a portion of the employer contributions wasn’t vested as of the date of divorce or QDRO, that portion may be forfeited and unavailable for division.
We always recommend including language in the QDRO that awards the alternate payee a percentage of only the “vested” account balance to avoid complications.

