Employee vs. Employer Contributions
Many people assume all money in a 401(k) is fair game for division, but that’s not always true. Employee contributions are usually 100% vested and quickly assignable in a QDRO. Employer contributions, however, may be subject to a vesting schedule.
If the participant-spouse is not fully vested, the non-vested portion of employer contributions could be excluded from the divorce division. It’s critical to analyze a recent plan statement to determine how much is actually vested and accessible for division.

