Employee vs. Employer Contributions
In most 401(k) plans, contributions are made by both the employee (through payroll deferrals) and the employer (typically in the form of a match or profit-sharing). But not all employer contributions belong to the employee at the time of divorce. They may be subject to a vesting schedule.
- Only vested employer contributions may be divided through a QDRO.
- Non-vested balances are typically forfeited if the employee leaves the company or in some cases, if divorced before full vesting.
If you’re the spouse receiving a portion of this plan (called the “alternate payee”), it’s important to confirm which portion is vested and which is not. A well-drafted QDRO can address this clearly.

