1. Employee Contributions vs. Employer Contributions
401(k) accounts usually consist of both employee and employer contributions. The employee’s own deferrals are fully vested immediately, but employer contributions often follow a vesting schedule—meaning they become fully owned over time. During divorce, only the vested portion of the employer’s contributions can be divided through a QDRO.
It’s critical to understand the vesting status on the date of divorce or another agreed-upon date. If a percentage of the employer match is not yet vested, it may ultimately not be available for division.

