Employee vs. Employer Contributions
When dividing a 401(k) plan, it’s important to distinguish between contributions made by the employee (usually 100% vested) and those made by the employer, which may be subject to a vesting schedule. A QDRO should make clear whether the alternate payee is entitled to:
- The marital portion only of vested funds
- Future vesting rights on employer contributions (rare but possible depending on the plan terms and local court orders)

