401(k) Contributions: Employee vs. Employer
A 401(k) like the Ctia – the Wireless Association 401(k) Plan typically includes:
- Employee Contributions: Participant contributions made via payroll deferral; always 100% vested.
- Employer Contributions: Often subject to a vesting schedule, which affects how much a spouse can receive during divorce.
Under a QDRO, only the vested portion of employer contributions may be legally divided. If the participant is not fully vested at the time of divorce, part of the balance may be excluded. Be sure your QDRO accounts for potential forfeitures due to lack of vesting.

