Employee vs. Employer Contributions
In 401(k) plans, the employee contributes a portion of their salary, and often the employer matches a portion of that. These contributions are tracked separately:
- Employee Contributions: 100% vested immediately. These can be divided without restriction.
- Employer Contributions: May be subject to a vesting schedule. Only vested amounts as of the divorce date (or another assigned date) are eligible for division.
If the participant isn’t fully vested in their employer match at the time of divorce, unvested amounts may not be divided—unless the QDRO provides for post-divorce vesting and the plan allows it. We’ll help you craft language that anticipates these nuances.

