Employee vs. Employer Contributions
In many 401(k) plans, employees contribute a set percentage of their pay, and employers may match part of that. The QDRO should clearly distinguish between:
- Employee contributions (typically 100% vested immediately)
- Employer contributions (which may be subject to a vesting schedule)
If the participant has unvested employer contributions in the True Friends Matching Plan at the time of divorce, the alternate payee (the ex-spouse) is usually only awarded the vested portion.

