Employee vs. Employer Contributions
401(k) Safe Harbor plans typically include employer contributions that are automatically vested. However, there may still be other employer contributions subject to a vesting schedule. You and your attorney must determine:
- Whether employer contributions are included in the division
- If so, which portions are vested and which are not
- Whether unvested amounts should be excluded from the QDRO
Unvested amounts typically remain with the employee if they are forfeited after termination. A proper QDRO will explain how to handle this so the alternate payee only receives their appropriate share.

