Employee vs. Employer Contributions
One tricky feature of 401(k) plans is that they include both employee contributions (which are always fully vested) and employer contributions (which may not be). Here’s what to know about dividing these:
- Employee contributions are generally considered marital property and are easy to divide.
- Employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested at the time of division, some funds may be forfeited later.
- A QDRO can include language addressing how future forfeitures should be handled—for example, by adjusting the alternate payee’s portion accordingly.

