Employee and Employer Contributions
In most 401(k) plans, the participant makes contributions from their paycheck, and the employer may make matching or discretionary contributions. While all employee contributions are fully vested immediately, employer contributions often follow a vesting schedule. One major issue is whether the employer contributions are fully vested at the time of divorce or division. If they’re not, the QDRO should be written to address what happens if unvested funds are forfeited.

