Employee and Employer Contributions
The first thing to determine is what is in the account. 401(k) plans typically include:
- Employee contributions: Always 100% vested and subject to division in a QDRO
- Employer contributions: May or may not be fully vested depending on years of service and the plan’s vesting schedule
Make sure your attorney or QDRO professional requests a breakdown of vested vs. unvested funds from the plan administrator. Only vested employer contributions may be awarded to the non-employee spouse in a divorce.

