Employee and Employer Contributions
401(k) accounts can be made up of several types of funds. Employee contributions are usually 100% vested, but employer contributions may not be. During your divorce, it’s crucial to determine the extent to which any employer contributions have vested—only the vested portion can be divided via QDRO. If you’re the alternate payee, you don’t want to claim funds you aren’t eligible for. If you’re the plan participant, you may not need to divide funds that have not yet vested.

