1. Employee vs. Employer Contributions
401(k) plans generally contain two major types of contributions: those made by the employee (pre-tax or Roth) and those made by the employer (often with vesting schedules). While the employee’s contributions (and their gains) are always 100% vested, employer contributions are often tied to years of service.
If the participant hasn’t met those service years, some or all of the employer contributions may be forfeitable and not available for division through the QDRO. It’s critical to review a current account statement or benefit disclosure to determine how much of the account is “vested” versus “non-vested.”

