Employee and Employer Contributions
401(k) plans typically have two types of contributions:
- Employee contributions: These are the deferrals made directly from the employee’s paycheck. They are always fully vested and subject to division via a QDRO.
- Employer contributions: Often include matching or discretionary contributions. These may be subject to a vesting schedule, meaning only a portion may be available for division depending on how long the participant worked for the company.
Your QDRO should separate vested and unvested amounts, to avoid future claims or confusion. It’s critical to clearly define how much is being awarded and specify whether the alternate payee is receiving a flat dollar amount, a percentage as of a specific date, or another formula.

