Employee vs. Employer Contributions
A 401(k) often includes employee deferrals and employer matching contributions. In a divorce, both may be subject to division — but only if they are vested.
- Employee contributions are always 100% vested.
- Employer contributions are usually subject to a vesting schedule, often over 3–6 years.
- Unvested employer contributions are typically not divisible unless the participant remains employed long enough to earn full vesting post-divorce.
This means an alternate payee may get less than half the balance unless the QDRO is carefully drafted to address vesting or contingent vesting.

