Employee and Employer Contributions
Most 401(k) plans include:
- Employee contributions: Fully vested immediately and always subject to division in a QDRO.
- Employer contributions: Often subject to a vesting schedule. Only the vested portion can be divided.
Unvested employer contributions, including those forfeited upon termination or divorce, cannot be included in the QDRO award. Accordingly, timing matters. If the plan participant is close to a vesting milestone, it may be worth delaying the final divorce or QDRO to secure a greater benefit.

