1. Employee and Employer Contributions
In most 401(k) accounts, the total balance includes both employee contributions (what the participant put in) and employer contributions (company match).
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule. The QDRO needs to account for what portion of the employer match is vested at the time of divorce.
If the employer contributions are not fully vested, any unvested funds may be forfeited when the participant leaves Oofos, Inc.. 401(k) plan, which can affect the alternate payee’s share if not properly worded in the QDRO.

