Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching or discretionary contributions. While the employee’s contributions are always considered fully vested, employer contributions may be subject to a vesting schedule. In a divorce, understanding how much of the employer funding is vested versus not vested is vital.
Unvested amounts generally aren’t eligible for division unless the participant stays employed and meets future service milestones. QDROs can address this by allowing for a share of any future vesting or by limiting division to only vested amounts at the time of the divorce.

