Employee vs. Employer Contributions
The first step in dividing this 401(k) in divorce is understanding what kinds of contributions are part of the account:
- Employee deferrals: These are elective contributions made from the employee’s paycheck. They’re usually 100% vested and can be split under a QDRO without issue.
- Employer contributions: These may be subject to a vesting schedule. Only the vested portion can be divided. Unvested amounts can’t be awarded to an alternate payee and may be forfeited if the employee terminates too soon.

