Employee vs. Employer Contributions
401(k)s typically consist of two sources of contributions:
- Employee contributions: These are always 100% vested and typically straightforward to divide.
- Employer contributions: These are often subject to vesting schedules. If your QDRO awards a portion of employer funds that are not yet vested, the alternate payee could receive less than expected.
That’s why your QDRO must be clear on whether the alternate payee receives a fixed amount, a percentage, or a percentage of the vested balance only.

