Employee vs. Employer Contributions
Like most typical 401(k) plans, the Unity Msk 401(k) Plan probably includes both employee deferrals and employer matching or profit-sharing contributions. In divorce, you can divide both—
- Employee contributions are usually 100% vested immediately and can be split without issue.
- Employer contributions may be subject to a vesting schedule. If the employee hasn’t met the criteria, a portion may be forfeited and not available for division.
That’s why it’s critical your QDRO includes language excluding non-vested funds unless agreed otherwise. We’ve seen too many cases where a spouse believes they’ll receive more based on the statement value, only to find a chunk wasn’t actually vested.

