Employee vs. Employer Contributions
In most 401(k) plans, employees contribute a portion of their paycheck. Employers often match some of these contributions, subject to a vesting schedule. When dividing an account in divorce, you must decide whether to include:
- Just the employee’s contributions and earnings
- Employer contributions that are vested
- Employer contributions that are unvested (only if they become vested later)
Unvested employer contributions are frequently a point of confusion. They are typically forfeited when the employee leaves the company or in cases of divorce before full vesting. That means only the vested amount can be divided under a QDRO.

