Employee vs. Employer Contributions
Many 401(k) plans include both employee contributions (which are always 100% vested) and employer contributions, which may be subject to a vesting schedule. The QDRO must distinguish between these types, especially if the participant has not yet vested fully in the employer contributions.
For example, if an employee’s account balance includes $75,000 in employee savings and $25,000 in employer contributions—only $15,000 of which is vested—it’s important that the QDRO only awards a share of the vested amount unless otherwise stipulated.

