Contribution Types: Employee vs. Employer
In most 401(k) plans—like the 20250516144017nal0046597442001 —contributions come from two sources: employee salary deferrals and employer matches or profit-sharing.
- Employee contributions are always 100% vested and are fully owned by the employee.
- Employer contributions may be subject to a vesting schedule.
In a divorce, the QDRO can specify that the alternate payee (usually the non-employee spouse) receives a percentage of contributions made during the marriage. However, unvested employer contributions typically cannot be divided, and any portion not vested at the time of divorce may be forfeited.

