Vesting Schedules and Unvested Employer Contributions
401(k) accounts usually include both employee contributions and employer contributions. While the employee portion is always fully vested (owned), employer contributions may be subject to a vesting schedule. If your divorce happens during part of that schedule, not all employer contributions may be counted as marital property. The unvested portion typically doesn’t get divided, and it’s important your QDRO reflects only what is divisible.

