Employee vs. Employer Contributions
With any 401(k) plan—including the Physicians of Southwest Washington 401(k) Plan—it’s important to distinguish between employee and employer contributions. Generally, employee contributions (the money deducted from the participant’s paycheck) are fully vested immediately. Employer contributions, however, often follow a vesting schedule. This means that some of the employer-funded money may not yet belong to the participant and could be forfeited.
When dividing the plan in divorce, only the vested portion of the employer contributions can be divided. A well-drafted QDRO should specify how to handle unvested amounts—whether those are excluded now or included subject to future vesting, depending on the divorce agreement.

