1. Employee and Employer Contributions
Most 401(k) plans include both:
- Employee contributions: These are always 100% vested and can be divided in a QDRO without any issue.
- Employer contributions: These are often subject to a vesting schedule. In a divorce, only the vested portion as of the cutoff date can be divided.
For this reason, we always recommend confirming the vesting schedule through the plan administrator for the 3i Infotech, Inc.. 401(k) Retirement Savings & Investment Plan before a QDRO is drafted. If the participant has unvested employer contributions, the alternate payee won’t have any rights to those amounts.

