Employee vs. Employer Contributions
Most QDROs for 401(k)-type plans need to distinguish between employee and employer contributions. The participant’s own contributions are usually 100% vested. However, employer contributions may be subject to a vesting schedule that depends on the participant’s length of service.
When preparing a QDRO for this plan, it’s essential to:
- Clarify what portion of the account is vested
- Request plan statements breaking down employee and employer contributions separately
- Include provisions to exclude or include unvested balances, depending on the divorce agreement

