Employee vs. Employer Contributions
Most 401(k) plans involve employee salary deferrals and employer matching or profit-sharing contributions. Employee contributions are always 100% yours. However, employer contributions may be subject to a vesting schedule—which is often overlooked or misunderstood during divorce.
If part of the account isn’t vested yet, and the participant spouse leaves the company after the divorce but before full vesting, the unvested funds could be forfeited. Your QDRO should clarify whether the alternate payee (usually the ex-spouse) is awarded a percentage of the total account or only the vested portion.

