Employee and Employer Contributions
With 401(k)-style plans, there are two contribution types:
- Employee Contributions: These are always 100% vested. They can be divided without restriction through a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. If only part of the employer contribution is vested at the time of divorce, only that portion can be awarded to an alternate payee.
Make sure your QDRO clearly defines what is to be divided—whether it’s the total account balance or only vested amounts as of a specific date.

