Employee vs. Employer Contributions
The typical 401(k) includes both contributions the employee makes from their paycheck, and contributions made by the employer. In your divorce, it’s crucial to specify which contributions are being divided, and how.
- Employee Contributions: Usually 100% vested and available to divide.
- Employer Contributions: May be subject to a vesting schedule—only the vested portion can legally be awarded in a QDRO.
If the participant is not fully vested in the employer match at the time of divorce, the unvested portion will likely be forfeited and cannot be awarded to the alternate payee.

