Employee vs. Employer Contributions
In most 401(k) plans, the employee’s contributions are always 100% vested. Employer contributions, however, may be subject to a vesting schedule. One of the first things we review is whether the participant spouse is fully vested in the employer contributions at the time of divorce.
If there are unvested employer contributions, they can’t be divided—even with a court order. Your QDRO must specifically limit division to the vested portions. PeacockQDROs examines each case to determine the percentage of employer funds eligible for transfer to the alternate payee.

