Employee vs. Employer Contributions
401(k) plans often include both:
- Employee Elective Deferrals: Money directly withheld from the employee’s paycheck (fully vested immediately).
- Employer Matching/Profit Sharing Contributions: These start out unvested and become vested over time.
If you’re dividing these accounts in a divorce, we need to know exactly what portion of the account is fully owned by the participant and what portion is not yet vested. If your QDRO tries to divide unvested employer contributions, they may disappear if the participant leaves their job before they vest — and that can leave the alternate payee with less than expected.

