Employee vs. Employer Contributions
401(k) accounts typically include both employee contributions and employer matches. While employee contributions are generally considered fully vested immediately, employer contributions may be subject to a vesting schedule. That means part of the employer’s portion may not yet “belong” to the employee at the time of divorce, and therefore cannot be awarded to a former spouse.
It’s important to:
- Confirm the vesting schedule for employer contributions
- Request a breakdown of vested and non-vested amounts as of the date of divorce or date of QDRO
- Make sure the QDRO only addresses vested funds unless both parties agree otherwise

