Dividing Employee and Employer Contributions
Employee contributions—the portion deducted directly from wages—are always 100% vested. That means they can be divided in a divorce. However, not all employer contributions are fully vested. Vesting schedules in 401(k) plans can range from immediate vesting to six-year graded schedules. For the Sonnets Academy 401(k) Plan, you’ll need to review the participant’s most recent plan statement or summary plan description (SPD) to confirm which employer contributions are vested as of the date of divorce or QDRO submission.
Unvested funds will generally be forfeited back to the plan or employer, and QDROs cannot divide them.

