Employee vs. Employer Contributions
Most 401(k) plans include contributions made by the employee and (sometimes) the employer. Only vested employer contributions can be divided in a QDRO. If your spouse isn’t 100% vested, the unvested part isn’t yours to claim. That said, vesting schedules vary by plan, so it’s crucial to review them closely.
A QDRO can be written to divide:
- Only the employee contributions
- Employee contributions plus vested employer contributions
It’s vital to be specific in the QDRO to avoid arguments later. We’re experts at identifying and including the right provisions.

