Employee vs. Employer Contributions
401(k) plans often include:
- Employee contributions: Usually fully vested from the moment they’re made.
- Employer contributions (matches or profit-sharing): Often subject to a vesting schedule.
It’s essential to determine which assets were vested as of the date of marital separation or divorce. Unvested employer contributions may be forfeitable and not subject to division, unless they become vested by the time of the QDRO.

