Employee vs. Employer Contributions
Typically, a 401(k) consists of:
- Employee contributions (salary deferrals)
- Employer contributions (matching or discretionary)
While employee contributions are usually 100% vested, employer contributions may be subject to a vesting schedule. In your QDRO, the division of employer contributions should account for what is vested at the time of divorce or when the QDRO is processed. Any unvested amounts may be forfeited, meaning you won’t receive them even if they’re listed in the divorce agreement.

