Employee and Employer Contributions
Most 401(k) accounts include both contributions made by the employee and matching contributions made by the employer. These employer contributions may be subject to a vesting schedule, which can affect what’s actually divisible in divorce:
- If an account is partially unvested at the time of divorce, only the vested portion can be assigned via QDRO.
- Future vesting may or may not be included, depending on the terms of the QDRO and your state’s rules.

