Employee and Employer Contributions
This 401(k) plan likely includes both employee contributions (which are always fully vested) and employer contributions, which may be subject to a vesting schedule. That’s important during divorce because unvested amounts might not be available to divide. We clarify with the plan administrator what portion of the account is vested and eligible for QDRO distribution.
It’s important to decide how to divide the account—either as a flat dollar figure or a percentage of the account balance as of a specific date (commonly the date of separation or divorce filing).

