Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and the employer. These contributions are often tracked separately and may be subject to different distribution rules.
- Employee contributions (including elective deferrals) are fully vested and belong to the participant.
- Employer contributions may be subject to a vesting schedule. Unvested portions are commonly forfeited if the employee leaves the company.
Your QDRO needs to make clear whether the alternate payee (the former spouse) is entitled only to vested balances or if potential future vesting is included. Establishing a clear valuation date — such as the date of separation or the date of divorce — is key.

