1. Employee and Employer Contributions
Most 401(k) accounts include both personal contributions (from the employee) and matching or discretionary contributions from the employer. It’s important to understand that:
- Employee contributions are always 100% vested.
- Employer contributions may be subject to a vesting schedule and may not be fully available for division.
In divorce, only the vested portion of the account is typically subject to division. The QDRO must define whether non-vested amounts are part of the split or to be excluded entirely.

