Employee and Employer Contributions
For 401(k) plans, both the employee and employer can make contributions. While employee contributions are always 100% vested immediately, employer contributions may be subject to a vesting schedule. If you’re dividing the account as of a past date (commonly called the “valuation date”), the QDRO must clearly separate out vested from unvested employer contributions. Unvested portions may be forfeited if the employee separates from the company before vesting is complete.

