Employee vs. Employer Contributions
401(k) plans typically allow for both employee deferrals and employer contributions. In a divorce, both can be divided, but it’s important to know:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule. Unvested amounts cannot be divided and may be forfeited if the employee leaves the company before becoming fully vested.
We always check with the plan’s vesting schedule to determine what portion of the account is marital and divisible under a QDRO.

