Employee vs Employer Contributions
Often, people assume that all funds in a 401(k) are fair game during a divorce. In reality, contributions split into two basic types:
- Employee Contributions: These are fully vested right away. That means whatever the employee put into the plan can be divided without complications.
- Employer Contributions: These are subject to a vesting schedule. That means part of them may not legally belong to the participant if they stop working before full vesting. In your QDRO, we make sure to define whether you’re dividing just the vested portion or also setting rules for future vesting.

