1. Dividing Employee vs. Employer Contributions
401(k) plans generally include two key sources of contributions:
- Employee contributions: These are made directly from the participant’s paycheck. They’re always 100% vested and easily divided in a QDRO.
- Employer contributions: These may be subject to a vesting schedule. That means the participant may only be partially entitled to these amounts based on how long they’ve worked at the company.
Your QDRO must state whether it includes just the participant’s contributions or also includes any vested employer contributions. We also help you determine what portion of employer contributions, if any, should be awarded, based on the date of marriage and the plan’s vesting history.

