Employee vs. Employer Contributions
401(k) accounts are funded by employee contributions—made via payroll—and often include employer matching. Sometimes, employers offer profit-sharing or discretionary contributions. When dividing accounts:
- Employee contributions and their earnings are always 100% vested
- Employer contributions may follow a vesting schedule—meaning some may be unvested and inaccessible during divorce
The QDRO must differentiate between the vested portion and any unvested amounts. Unvested employer contributions may be forfeited if the participant leaves employment before full vesting, affecting the alternate payee’s share.

