1. Employee Contributions vs. Employer Contributions
With 401(k) plans, contributions may come from both the employee and the employer. Here’s what matters:
- Employee Contributions: Typically 100% vested right away and always subject to division in a divorce.
- Employer Contributions: May be subject to a vesting schedule. Unvested amounts are usually not divisible.
Your QDRO should clearly state whether the division includes just the vested balance or the full account and how unvested portions are treated if vesting occurs post-divorce.

