Employee vs. Employer Contributions
In a divorce, you’re usually dividing only the portion of the 401(k) earned during the marriage. That includes:
- Employee contributions: These are typically 100% vested immediately.
- Employer contributions: These may be subject to a vesting schedule. Only the vested portion is divisible.
If the employee hasn’t been working at Herd enterprises north Inc. long enough to vest fully, unvested employer contributions may be forfeited upon termination or not available for division. This needs to be spelled out clearly in the QDRO.

