Employee vs. Employer Contributions
The account is likely made up of both employee contributions (directly from wages) and employer contributions (often as a match). These aren’t always treated the same in a divorce.
- Employee contributions are always 100% vested and easily divisible.
- Employer contributions may be subject to a vesting schedule. Only vested portions can be divided by QDRO.
For example, if your spouse has worked at Oshkosh door company 401k plan for only two years and the plan has a five-year vesting schedule, a portion of those employer contributions—maybe even all—could be non-divisible.

