Employee vs. Employer Contributions
Contributions in a 401(k) generally include:
- Employee contributions: These are made directly from the participant’s wages and are always 100% vested.
- Employer contributions: These are often subject to a vesting schedule (over time or based on service years).
A QDRO should specifically state whether it applies only to vested balances at the time of divorce or both vested and unvested amounts. It’s common to award the alternate payee a percentage of the total account balance as of a specific date of division.

