Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are always fully vested. Employer contributions, however, may be subject to a vesting schedule. If your spouse hasn’t worked for the Association of certified fraud examiners, Inc.. 401(k) profit sharing plan long enough, only part of those employer contributions may be available for division. Any unvested portion would be forfeited—and can’t legally be divided.
That’s why we carefully review plan statements and balance details as part of each QDRO—we want your division to reflect the true value of the account.

