Employee vs. Employer Contributions
In most cases, employee contributions are 100% vested, meaning they belong entirely to the participant as soon as the funds are deposited. However, employer contributions—like matches or profit-sharing—may be subject to a vesting schedule and could be partially or wholly forfeited depending on employment termination dates.
A QDRO must be carefully worded to clarify whether it divides only vested amounts or also includes future vesting of prior contributions. In the Lee Hecht Harrison 401(k) Plan, this is a particularly important consideration.

