Employee vs. Employer Contributions
401(k) plans typically include two sources of funds: employee contributions and employer contributions. The participant is always 100% vested in their own contributions. However, employer contributions—such as matches or profit-sharing—often vest over time. If the divorce occurs before the participant is fully vested, those unvested funds may revert to the employer and are not available for allocation. Your QDRO must reflect what’s currently vested and what could vest later, depending on the terms of the divorce and the plan.

