Employee and Employer Contributions
Most 401(k) plans, including the American College of Physicians, Inc.. Defined Contribution Retirement Plan a, include two types of contributions:
- Employee contributions — These are always 100% vested and available for division.
- Employer contributions — These may be subject to a vesting schedule, which could affect how much of the employer-funded portion actually belongs to the participant at the time of divorce.
The QDRO can divide only what’s vested at the time of division unless you choose to delay division until the vesting period is complete. This is an area we regularly consult on to avoid forfeiture mistakes.

