401(k) Contributions: Employee vs. Employer
Most 401(k) accounts include both the employee’s own contributions (always 100% vested) and employer contributions, which are subject to vesting schedules.
In a divorce, the QDRO can award a portion of the employee’s account to the alternate payee (usually the non-employee spouse). But here’s the detail many people miss: only the vested portion of employer contributions can be divided.
- If the employee hasn’t been with Holm delivery Inc.. 401(k) plan long enough, a large chunk of employer funds could still be unvested—and won’t be reachable by the alternate payee.
- The QDRO should clearly specify how to treat those unvested amounts. We typically include language that awards a percentage of the vested balance as of the division date.

