Employee vs. Employer Contributions
Most 401(k) plans include two types of contributions:
- Employee contributions: always 100% vested and subject to division
- Employer contributions: may be subject to a vesting schedule and could be partially or fully unvested at the time of divorce
Your QDRO must address whether unvested employer contributions should be included in the division. Many plans automatically exclude them unless specifically stated otherwise in the QDRO. A careful review of the plan’s Summary Plan Description (SPD) or confirmation from the plan administrator is necessary.

