Employee vs. Employer Contributions
401(k) plans typically include two types of account contributions:
- Employee Contributions: Always fully vested and can be divided without restriction.
- Employer Contributions or Profit-Sharing: Often subject to a vesting schedule and may not all be available for division.
If part of the employer contributions are unvested as of the cutoff date used in your divorce, they may not be divisible or may revert to the plan if the participant leaves employment soon after. QDROs must clearly clarify whether only vested amounts are being split—or if a percentage of unvested contributions are included (when permissible).

