1. Employee and Employer Contributions
In 401(k) plans, contributions come from both the employee (participant) and their employer—often through matching or discretionary contributions. Only vested employer contributions can be divided during divorce. If the participant has been with the Retirement plan for salaried employees of the hillman company for only a few years, a portion of the employer contributions may still be unvested and unavailable for division.
Check with the plan administrator or your QDRO attorney to determine:
- How much is vested vs. unvested
- What happens to unvested funds after the divorce—some plans allow later review

