Employee vs. Employer Contributions
401(k) plans are funded by both the employee and employer. But not all contributions are treated equally in divorce. The employee’s individual contributions are usually 100% vested and subject to division. However, employer contributions often come with a vesting schedule. That means only a portion—or none—of those matching contributions may be earned as of the date of divorce or separation.
The QDRO should clearly define how the account gets divided, and whether it includes only vested amounts as of a specific date or includes post-dissolution earnings and losses. This is especially important in a plan like the Kaiser Aluminum Investments Company Savings and Investment Plan, where the vesting schedule may delay full ownership of employer funds.

