Employee vs. Employer Contributions
In most 401(k) plans, both the employee and the employer make contributions. During a divorce, both parties need to understand that:
- Employee contributions are typically fully vested and divisible.
- Employer contributions may be subject to a vesting schedule. Only the vested portion is usually divisible by a QDRO.
Your QDRO should specify exactly which contributions are being divided and whether unvested portions will be treated as separate property or addressed in another way.

