Employee vs. Employer Contributions
401(k) plans often contain two types of money:
- Employee Contributions: These are deductions from the participant’s paycheck. They are typically 100% vested right away.
- Employer Contributions: These may be subject to a vesting schedule based on years of service with the company.
Unvested employer contributions may not be available for division with a former spouse. Make sure your QDRO carefully identifies whether the division includes only vested amounts or anticipates future vesting (which usually is not allowed).

