Employee vs. Employer Contributions
401(k) plans often include both employee salary deferrals and employer-matched contributions. When dividing the plan, it’s important to clarify whether the QDRO applies to all funds or only to those contributions that are marital.
For example:
- Employee salary deferrals are generally 100% vested and subject to division.
- Employer contributions may follow a vesting schedule and could be partially forfeitable.
If your client or you are the alternate payee (the spouse receiving the benefit), make sure the agreement reflects the date of division and specifies whether unvested employer funds are to be shared.

