Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions, which may be subject to a vesting schedule. In the Abc Coating 401(k) Plan, this distinction matters. Employee contributions are always fully vested and are usually divided in proportion to the marital portion (either by specific dates or percentages).
Employer contributions may not be fully vested, especially if the participant hasn’t met certain service requirements. It’s essential that the QDRO addresses whether unvested amounts will be included or excluded—and what happens if those amounts vest later. That’s where we see many DIY QDROs go wrong.

