Employee vs. Employer Contributions
Most 401(k) balances include both:
- Employee contributions: Always 100% vested and subject to division.
- Employer contributions: May be subject to a vesting schedule, and only the vested portion can be divided in divorce.
For example, if a participant is only 60% vested in employer contributions at the time of divorce, the remaining 40% will be forfeited if the employee leaves the company—so it’s not available to divide. Be sure your QDRO covers only the vested amount.

