Employee vs. Employer Contributions
In any QDRO for a 401(k), there are usually both employee and employer contributions to consider. Employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule. The QDRO must clearly define what portion of the total account—vested and unvested—is to be divided.
- If only vested funds are to be divided, this needs to be spelled out explicitly.
- If the alternate payee (usually the ex-spouse) is to receive a share of future vested employer contributions, the QDRO must include these provisions in detail.

