Dividing Contributions
401(k) accounts typically include:
- Employee contributions: These are always 100% vested and included in division.
- Employer contributions: These may be subject to a vesting schedule. Unvested amounts are often forfeited if the participant is not fully vested at the time of divorce or separation.
It’s important that the QDRO clearly states whether the alternate payee is entitled to only the participant’s vested amount as of a specific date, or some other agreed-upon valuation.

