1. Employee and Employer Contributions
A 401(k) account generally includes both employee salary deferrals and sometimes employer matching or profit-sharing contributions. Only vested amounts are divisible in divorce unless the plan’s terms say otherwise.
- Employee Contributions: These are always 100% vested and divisible under a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. Any unvested portion can be lost entirely unless the participant stays with the company long enough to vest fully.
The QDRO should clearly state how to handle any employer match that’s not fully vested at the time of divorce.

