Dividing Employee vs. Employer Contributions
401(k) plans often include:
- Employee Contributions: These are always 100% vested and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule. If the employee isn’t fully vested, some of this money could be forfeited upon termination or divorce.
In QDROs for this plan, we often advise clients to clarify whether the division includes only vested amounts or anticipates continued employment and vesting after divorce. This avoids future disputes about unvested funds.

