1. Employee vs. Employer Contributions
401(k) accounts usually consist of two parts: employee salary deferral contributions and employer matching or profit-sharing contributions. In the Assist, Inc.. – 401(k) plan, it’s likely that both exist.
- Employee contributions are fully vested and typically divisible.
- Employer contributions may be subject to vesting schedules. Any non-vested portion may be forfeited and should not be counted in division.
The QDRO should clearly specify whether it awards a flat dollar amount or a percentage of the total vested balance as of a specific valuation date (usually the date of separation, divorce, or another agreed-upon date).

