Employee and Employer Contributions
401(k) accounts consist of both employee deferrals and usually some form of employer match or contribution. In many plans, only the employer funds are subject to a vesting schedule, while employee contributions are always 100% vested.
When drafting your QDRO, be clear about whether the division includes:
- Just the employee’s contributions
- Employer match contributions (fully or partially vested amounts only)
Unvested amounts generally cannot be divided in the QDRO. The plan administrator for The Potter’s House Cdec 401(k) will provide an account breakdown showing vested and unvested balances.

