Employee vs. Employer Contributions
Employee contributions are always 100% vested—meaning they belong fully to the participant. However, employer contributions often come with vesting schedules. If the employee spouse hasn’t met the years-of-service requirement, part of the employer contributions might not be theirs to divide yet.
It’s common to see ex-spouses surprised to find out they’re entitled only to the vested portion of the account. In a QDRO for the Carmody Macdonald P. C. 401(k) Plan, be sure to clarify whether the division should include just the vested amount as of the date of divorce or all contributions subject to vesting timelines.

