Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. While employee contributions are usually fully vested, employer contributions might be subject to a vesting schedule. That means part of the account may not yet “belong” to the participant and could be forfeited if they leave employment.
During divorce, we carefully review account statements and the plan’s Summary Plan Description to clarify what’s vested versus unvested. Any unvested employer match is not divisible—only the vested portion can be included in the QDRO. This often makes a big difference in the final division outcome.

