Employee and Employer Contributions
Both spouses are typically entitled to a portion of the retirement account accrued during the marriage. In a 401(k), this includes:
- Employee contributions (fully vested immediately)
- Employer contributions (subject to the plan’s vesting schedule)
For this plan, employer contributions may not be fully vested. Unvested funds may be forfeited upon termination, which means they may not be available for division. This needs to be reviewed carefully before agreeing on any division terms in the QDRO.

