Employee and Employer Contributions
Most 401(k)-style plans include employee deferrals (the money the employee contributes from their paycheck) and employer contributions (often through matching). A common mistake is treating both sources of funds as if they’re equally divided. But:
- Employee contributions are always 100% vested
- Employer contributions may be subject to vesting schedules and forfeiture
Be clear in your QDRO about whether you’re dividing the total balance or just the vested portion. For example, if the employer match isn’t fully vested, the non-employee spouse may receive less than they expected.

