Dividing Contributions from Employee & Employer
Most 401(k) plans—including the Forus 401(k)—contain two types of contributions:
- Employee contributions: These are fully vested and usually easier to divide.
- Employer contributions: These may be subject to a vesting schedule depending on years of service. Unvested amounts may not be eligible for division at the time of divorce.
The QDRO should clearly define whether only the vested portion of the employer match is being divided or if future vesting will count. If the participant isn’t fully vested, this can seriously affect how much the alternate payee receives.

