Employee vs. Employer Contributions
Employees and employers both contribute to 401(k) plans. Contributions made by the employee (from their paycheck) are usually 100% vested. However, employer contributions often follow a vesting schedule. If the employee isn’t fully vested at the time of divorce or separation, the former spouse may only be entitled to a portion of the employer contributions—or none at all.
A well-drafted QDRO will clarify what’s marital, what’s vested, and what is subject to division.

