Employee and Employer Contributions
Contributions from both the employee and the employer go into a 401(k), but not all of them may be subject to division. Here’s why:
- Employee contributions are 100% vested immediately and typically will be divided from the marital portion.
- Employer contributions may follow a vesting schedule. Only the vested portion of employer contributions is divisible under a QDRO.
When we draft a QDRO, we confirm the vesting status with the plan administrator to make sure unvested benefits that may be forfeited aren’t accidentally awarded.

