Employee vs. Employer Contributions
Generally, 401(k) accounts include:
- Employee contributions: Fully vested immediately in most cases.
- Employer contributions: May be subject to a vesting schedule, which determines how much of the employer’s contributions the employee owns at the time of the divorce.
In your QDRO, it’s important to specify how to handle contributions that were not vested as of the date used for division—typically the date of separation or divorce judgment. Any unvested amounts may be forfeited and not available for division, depending on the plan’s rules.

