Employee Contributions vs. Employer Contributions
In most 401(k) plans, employee contributions are always 100% vested. However, employer contributions often have a vesting schedule tied to years of service. That means a portion of the contributions made by the employer may be forfeited depending on how long the participant was employed. We often need to clarify in the QDRO whether the alternate payee (the former spouse) is entitled to:
- Only the vested portion of employer contributions at the cut-off date
- The full amount, including unvested funds (which may later be forfeited)
We guide our clients through this question during drafting to make sure the language matches what was ordered in court.

