Employee vs. Employer Contributions
A 401(k) typically includes contributions made by the employee and matching or discretionary contributions by the employer. The employer contributions may be subject to a vesting schedule. In your QDRO, it’s important to specify whether the alternate payee receives:
- A share of only the vested balance as of a specific date (e.g., date of separation or divorce)
- A share of future vesting, including any unvested employer contributions that later become vested
We work with clients to make sure this language is clear and enforceable based on their settlement terms.

