Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer matching contributions. Many times, the employee’s contributions are 100% vested, while employer contributions may be subject to a vesting schedule. A proper QDRO must address:
- How to divide vested vs. unvested funds
- Whether only marital contributions (earned during the marriage) are being divided
- How matching employer contributions should be handled

