Types of Divided Contributions
The Absci Corporation 401(k) Plan likely includes both employee and employer contributions. These must be considered separately:
- Employee Contributions: These are usually 100% vested immediately and represent the employee’s own pre-tax (or Roth) deposits into their account.
- Employer Contributions: These may be subject to a vesting schedule depending on the participant’s length of employment.
The QDRO should clearly state how to treat partially vested employer contributions. For instance, you may choose to divide only vested funds as of the date of divorce or include a provision that awards the alternate payee a pro-rata share of future vesting events.

