Employee and Employer Contributions
401(k) accounts typically include both employee and employer contributions. Employee contributions are always 100% vested immediately, but employer contributions might be subject to a vesting schedule. In some cases, the non-participant spouse may not be entitled to employer contributions that are unvested at the time of divorce.
Make sure your QDRO clearly states whether:
- The division is based on the total account (employee + employer contributions)
- The division includes only vested balances
- Unvested employer contributions that later become vested should be shared

