Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and the employer. In divorce, both may be divided depending on the terms of your settlement. However, employer contributions may be subject to a vesting schedule—meaning your share could be reduced if your ex didn’t fully vest before the divorce date.
It’s critical to identify:
- Which contributions were made by the employee
- Which were made by the employer
- Whether the employer contributions were vested
Unvested portions are usually forfeited back to the plan if the employee leaves or divorces before full vesting. Your QDRO should specifically say whether unvested amounts are included or excluded from the transfer.

