1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals (which are always 100% vested) and employer matching or profit-sharing contributions. Employer contributions may be subject to a vesting schedule, which determines how much the employee actually owns based on years of service.
It’s important to clarify whether the alternate payee will receive a share of:
- Only the employee’s contributions and earnings
- Both employee and vested employer contributions
If only part of the employer contributions are vested, unvested balances cannot be granted in the QDRO.

