Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or nonelective contributions. While the participant’s contributions are always 100% vested, employer contributions may be subject to a vesting schedule. Be sure your QDRO clearly defines:
- If the alternate payee will receive a share of employer contributions
- Whether those contributions were vested at the date of division (if not, they may not be transferable)
Ask the Plan Administrator to provide a breakdown of vested and unvested balances—this avoids confusion and future disputes.

