Employee Contributions vs. Employer Contributions
401(k) plans typically include two types of contributions:
- Employee Deferrals: These are fully vested and available for division.
- Employer Contributions: Often subject to a vesting schedule. The QDRO should specify whether unvested amounts will be shared and how forfeitures are handled.
It’s critical to request a vested balance breakdown as of the cutoff date (often the divorce date or QDRO order date) to specify what’s actually divisible.

