Employee Contributions vs. Employer Contributions
In most 401(k) plans, participants contribute a portion of their salary pre-tax (or after-tax in a Roth account), and employers may match a percentage. When drafting a QDRO, it’s important to distinguish between these two types of contributions:
- Employee contributions are fully vested at all times and available for division.
- Employer contributions, however, may be subject to a vesting schedule. Any portion that is unvested as of the QDRO execution date typically cannot be awarded to the alternate payee.
Make sure the QDRO clearly defines how both contributions will be divided and whether unvested amounts are excluded or replaced using different assets.

