1. Employee Contributions vs. Employer Contributions
One of the first distinctions to understand in a 401(k) like the Atec Steel, LLC 401(k) Plan is between contributions made by the employee and contributions made by the employer. Employee funds are always fully vested—meaning they’re the employee’s property—but employer matching contributions may be subject to a vesting schedule.
The QDRO should clearly specify whether it’s dividing employee-only contributions, employer contributions, or both. And if employer contributions are unvested, we need to prepare for that in the language of the decree.

