Employee vs. Employer Contributions
401(k) balances often consist of two major components:
- Employee Contributions: These funds are always 100% vested and available for division in a QDRO.
- Employer Contributions: These are often subject to a vesting schedule based on years of service. Only the vested portion can be divided in divorce. Any unvested balance is not considered marital property unless the employee continues service and obtains full vesting later.

