Employee vs. Employer Contributions
401(k) plans typically involve two streams of contributions—those made by the employee (fully vested from day one) and those made by the employer (which may have a vesting schedule). When dividing the Good American 401(k) Plan, make sure the QDRO clearly spells out whether it divides only vested portions or includes a formula for future vesting related to employer contributions.
- Employee contributions are typically 100% vested immediately and can be divided right away.
- Employer matching or profit-sharing contributions may be partially or fully unvested at the time of divorce. These amounts can be excluded or included with conditions in the QDRO, depending on how the parties agree.

