1. Employee and Employer Contributions
Many 401(k) plans, including this one, consist of two types of contributions: those made by the employee and those made by the employer. While employee contributions are always 100% vested, employer contributions might be subject to a vesting schedule. If you’re the non-employee spouse, you only receive a share of what is vested as of the cutoff date (usually the date of divorce or separation, depending on your state’s law or your agreement).
For example, if your spouse has a balance of $100,000, but only $80,000 of that is vested, your share would typically come from that $80,000. The remaining $20,000 in unvested employer funds may eventually be forfeited if the employee spouse leaves the company early.

