Employee vs. Employer Contributions
Every 401(k) plan is built from two funding sources: the employee’s contributions and the employer’s.
- Employee Contributions: These are usually 100% vested right away and subject to division based on marital property rules.
- Employer Contributions: These often require a vesting period. A QDRO can only divide the portion the employee was vested in as of the divorce date or another agreed-upon date.

