Employee and Employer Contributions
In most cases, a divorcing couple will divide the vested portion of the 401(k) developed during the marriage. The Summit Academy Oic Retirement Savings Plan likely includes:
- Employee contributions: Always 100% vested and will be divided based on the marital agreement.
- Employer contributions: Usually subject to a vesting schedule. Any unvested amounts at the time of divorce may be forfeited by the participant.
If your spouse has employer contributions that haven’t vested yet, you may not receive a share of that unless your QDRO includes language to account for future vesting. This is a common point of confusion—and a reason why even small mistakes in the order can cost thousands.

