Employee vs. Employer Contributions
With 401(k) plans, contributions often come from both employees and employers. While employee contributions are always fully vested, employer contributions may have a vesting schedule. This means:
- Your spouse may not be entitled to all the employer-contributed funds
- If the participant isn’t fully vested at the time of divorce, some funds may be forfeited
- Your QDRO must clearly state whether it applies only to vested funds or includes future vesting (if allowed)

