Employee and Employer Contributions
401(k) plans usually include both contributions made by the employee and matching amounts from the employer. Employer contributions are often subject to a vesting schedule, meaning they may not be fully owned by the participant at the time of divorce. It’s important to determine:
- Which contributions are fully vested
- What portion is still unvested and potentially forfeitable
A properly drafted QDRO should specify whether the alternate payee (the ex-spouse receiving the benefit) is entitled to just the vested portion or a share that includes future vesting.

