Employee vs. Employer Contributions
401(k) accounts usually contain two types of contributions: amounts the employee contributed (which are always 100% vested), and employer contributions (which may be subject to a vesting schedule). That means:
- The employee’s own contributions and earnings are always part of the marital estate.
- Any unvested employer contributions may NOT be divisible in the QDRO.
- It’s critical to determine the vesting status as of the division date.
At PeacockQDROs, we help divorcing spouses identify exactly what is considered divisible under the plan rules.

