Employee and Employer Contributions
Generally, 401(k) accounts include:
- Employee Contributions: These are typically 100% vested immediately and are subject to division based on the date of marriage and separation.
- Employer Contributions: These may have a vesting schedule. You must confirm the vesting status before dividing these funds. Any non-vested funds may eventually be forfeited.
In your QDRO, these contributions should be addressed separately, especially if the plan participant has not reached full vesting at the time of divorce.

