Employee and Employer Contributions
It’s important to distinguish between two types of contributions in a 401(k): employee deferrals and employer contributions (such as matches or profit-sharing).
- Employee deferrals are fully vested immediately.
- Employer contributions may be subject to a vesting schedule. This means that unvested funds could be forfeited following a divorce if the participant isn’t fully vested at the time of division.
If you’re the alternate payee (non-employee spouse), make sure your QDRO specifies that you’re entitled only to the vested portion of the employer match, or better yet, request a current vesting statement before drafting the order.

