Employee vs. Employer Contributions
In a 401(k), an employee’s contributions are 100% vested right away. But employer contributions (profit-sharing or matching) may be subject to a vesting schedule—sometimes up to six years. If you’re the non-employee spouse, know that you can’t claim amounts your spouse hasn’t vested in yet. The QDRO needs to clearly state what happens to unvested amounts that become vested post-divorce. Some plans allow for later payments based on future vesting, while others do not.

