Employee & Employer Contributions
In a 401(k) like the Children’s Medical Center 401(k) Plan, both the employee and employer may contribute. Not all contributions are treated equally in divorce. Here’s a general breakdown:
- Employee contributions are always 100% vested and are usually divisible in a QDRO without issue.
- Employer contributions are subject to a vesting schedule. Only the vested portion can be divided. The unvested portion typically reverts back to the plan if the employee leaves before full vesting.

