Employee and Employer Contributions
Employee contributions to a 401(k) are always 100% vested. However, employer contributions may be subject to a vesting schedule. If the participant hasn’t met the service requirements at the time of divorce, some of the employer contributions may be forfeitable. A well-drafted QDRO needs to clearly define whether the alternate payee is entitled only to the vested portion as of the division date or if they also share in any future vesting of those amounts.

