Employee and Employer Contributions
In a 401(k) plan, there are often two types of contributions: those made by the employee through salary deferral, and those made by the employer as part of a matching or profit-sharing strategy.
- Employee Contributions: These are usually 100% vested and can be divided as of the date of divorce or another specified valuation date as stated in the QDRO.
- Employer Contributions: These may be subject to vesting schedules. If your spouse has unvested contributions as of the divorce date, you won’t be entitled to that portion unless and until they vest in the future—or unless the QDRO is written to track post-divorce vesting, which isn’t always allowed.

