Employee and Employer Contributions
401(k) plans are composed of:
- Employee contributions: The funds the participant chose to defer from their paycheck.
- Employer matching or discretionary contributions: Usually subject to a vesting schedule.
In a divorce, a QDRO must clarify whether both types of contributions will be split and how to handle any unvested portions. If part of the employer contribution is not yet vested, the alternate payee (you or your attorney) needs to plan for how those funds may be dealt with if they later vest.

