Employee vs. Employer Contributions
Most 401(k) plans, including the Lew & Associates Inc. 401(k) Plan, are made up of employee contributions (which are fully vested) and employer contributions (which may be subject to a vesting schedule).
- Employee Contributions: These are usually 100% marital and available for division.
- Employer Contributions: The QDRO must clarify how to treat unvested amounts. Many plans will not allow division of what was forfeited due to lack of vesting.
In divorces that occur before full vesting, it’s critical to calculate what part of the employer match, if any, can be divided.

