Employee vs. Employer Contributions
A 401(k) typically includes individual employee contributions and employer matching contributions. Only the portion earned during the marriage is subject to division. Be aware that:
- Employees are always fully vested in their own contributions.
- Employer contributions may be partially vested, depending on the company’s vesting schedule.
If a spouse is awarded half of the 401(k) balance, but part of the employer’s contribution isn’t yet vested, the alternate payee won’t receive that portion. An experienced QDRO attorney will flag this in the drafting process.

