Employee and Employer Contributions
In 401(k) plans, there are usually two components: employee deferrals and employer contributions. Payments made by the employee—what comes out of their paycheck—are always fully vested and eligible for division through a QDRO. But employer contributions may be subject to a vesting schedule. That means some of it may not be available for division if the employee hasn’t been with the company long enough. The QDRO must take this into account, or the alternate payee may come away with less than expected.

