1. Employee and Employer Contributions
Most 401(k) plans include:
- Employee contributions (100% fully owned)
- Employer contributions (subject to vesting)
During divorce, only the vested portion of employer contributions can typically be divided. If the participant has not yet met the service requirements, some funds may be “forfeited.” A QDRO must clearly state if the alternate payee (usually the spouse) will receive only the vested portion or if it should wait for future vesting. That distinction is important.

