1. Contribution Types: Employee vs. Employer
401(k) plans typically include both employee deferrals and employer contributions. In a divorce, both are potentially divisible—but employer contributions may be subject to vesting.
- Employee contributions: Typically 100% vested immediately.
- Employer contributions: May be subject to a vesting schedule based on years of service.
It’s critical to check the plan’s vesting rules. If your spouse isn’t fully vested, you may receive less than you expected. Unvested amounts are not available to be assigned in a QDRO and may be forfeited.

