Employee and Employer Contributions
Most 401(k) accounts have two sources of funds: employee contributions and employer matches. While the employee portion often vests right away, employer contributions might have a vesting schedule—meaning that only a part of them “belongs” to the participant at any given time.
- If the participant is fully vested, all employer contributions may be divided in the QDRO.
- If not fully vested, the QDRO should clearly state whether only vested amounts are subject to division or whether unvested amounts (that might vest later) are also included.

