Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). It’s important to define in your QDRO whether the alternate payee receives:
- Only the vested portion of employer contributions
- All account balances as of the division date, vested or not
If the employee isn’t fully vested at the time of divorce, the alternate payee could miss out on a significant portion without careful drafting. Always confirm the vesting percentage and schedule with the plan administrator before finalizing your QDRO.

