Contributions: Employee and Employer
In a 401(k) like this, contributions can come from two sources:
- Employee contributions: These are typically 100% vested and straightforward to divide.
- Employer contributions: Often subject to vesting schedules. Only the vested portion is divisible in a QDRO.
If the employee wasn’t fully vested at the time of divorce, the unvested portion may be forfeited or kept by the plan when that person changes jobs. This is an important discussion point when negotiating your settlement language.

