Employee and Employer Contributions
A 401(k) account typically includes contributions from both the employee and the employer. In many cases, portions of the employer contributions may be unvested, especially if the employee hasn’t met the service requirement. It’s important to understand:
- Only vested balances are divisible: If employer contributions are not vested at the time of divorce, the alternate payee may not be entitled to them.
- Vesting schedules matter: An accurate QDRO will distinguish between vested and unvested funds.

