1. Employee and Employer Contributions
401(k) plans typically consist of two types of contributions:
- Employee Contributions: Withdrawn directly from the paycheck
- Employer Contributions: Often subject to a vesting schedule
Employee contributions are usually 100% vested and can be divided through a QDRO regardless of the participant’s duration of employment. However, employer matching contributions may still be unvested—meaning they’re not guaranteed to the employee yet. Funds that are unvested cannot legally be divided between the parties. Make sure the vesting schedule is reviewed before determining the marital value of the account.

