Employee vs. Employer Contributions
With 401(k) plans, employees usually contribute a portion of their paycheck, and employers may match a part of it. A typical QDRO should address both of these:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: May be subject to a vesting schedule. Unvested portions can’t be awarded to the alternate payee.
If you’re dividing the account as of a specific date during the marriage, make sure to state whether the award includes vested employer contributions only, or a percentage of the total account balance.

