1. Employee and Employer Contributions
401(k) accounts grow through both employee salary deferrals and employer contributions. Here’s what to know:
- Employee Contributions: These are usually 100% vested immediately and are subject to division in divorce if earned during the marriage.
- Employer Matches: These may be partially or fully unvested. If an employer match is still subject to a vesting schedule, only the vested portion at the date of divorce can typically be divided. Any unvested amount may be forfeited if the employee separates from the company early.
In your QDRO, be sure to define whether unvested employer contributions should be included or excluded. A well-drafted order prevents future disputes if and when those funds vest.

