Employee and Employer Contributions
401(k) accounts typically include two sources of funds:
- Employee contributions, which are fully owned by the participant once made.
- Employer contributions, which may be subject to a vesting schedule.
In most divorces, the marital portion of the participant’s contributions and any vested employer match are divided. But any unvested balances as of the cutoff date (usually the date of separation or divorce) are not typically awarded to the non-employee spouse. That’s why it’s crucial to clearly define the cutoff date in your QDRO.

