Employee vs. Employer Contributions
With 401(k) plans, participants often have two types of contributions: their own (employee) and those made by the company (employer). The employee’s contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule, which means some of the employer-funded portions may not be divisible if they weren’t vested as of the date of divorce.
It’s important to review plan statements or request a vesting report when preparing the QDRO. If your spouse isn’t fully vested as of the valuation date, any unvested portion is lost—and not shared.

