Employee Contributions vs. Employer Contributions
It’s common for participants in a 401(k) to have two types of money in the account:
- Employee contributions – These are always 100% vested and belong to the participant.
- Employer contributions – These may be subject to a vesting schedule. Unvested amounts can be forfeited if the employee leaves before being fully vested.
In a divorce, only the vested portion of employer contributions is available to divide. A QDRO for the Cima Network, Inc.. 401(k) Profit Sharing Plan should clarify the date used to calculate vesting, which is often tied to the date of separation or divorce filing.

