1. Contributions: Employee and Employer Funds
In many 401(k) plans, there are two types of contributions: amounts the employee (plan participant) defers from their own paycheck, and amounts contributed by the employer. Each of these might be subject to separate rules—especially when it comes to vesting.
- Employee contributions are always 100% vested.
- Employer contributions may be subject to a vesting schedule.
In a divorce, only the vested portion of the employer match can be divided. It’s important to clarify whether the QDRO should exclude unvested amounts or if it should include a formula that allows for future vesting.

