Employee and Employer Contributions
In 401(k) plans like the Awareness Technology, Inc.. Retirement Savings Plan, both employees and employers typically contribute. The employee’s contributions are always 100% vested — meaning they belong to the employee immediately. However, any employer contributions may be subject to a vesting schedule. If you’re divorcing, you’ll need to figure out what portion of the employer contributions are vested and divide only those. Any unvested amounts are not considered marital property and would not be divided via QDRO.
We’ve worked with many clients who assume they’ll receive a share of the entire balance, only to be surprised that much of it is unvested. Always clarify what portion of the plan is marital and what is vested before finalizing your agreement.

