Employee vs. Employer Contributions
401(k) plans often contain two main funding sources:
- Employee contributions, fully vested as they’re paid in.
- Employer matching or profit-sharing contributions, which may be subject to a vesting schedule.
A common mistake in QDROs is failing to understand or include language about unvested portions. If the divorce happens before full vesting, the non-employee spouse might end up with less than they expect unless the QDRO is very specific.

