Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule. That’s why it’s crucial not to assume the total balance is all divisible.
If the participant in the Ivy Healthcare LLC 401(k) Plan has unvested employer contributions at the time of divorce, those amounts aren’t available for division yet. QDROs can—and often should—include language to award a pro-rata share of any future vested amounts that relate to the period of marriage.

