Employee vs. Employer Contributions
Many people think a 401(k) only holds what the employee has put in. But most plans, like the Cayuse LLC 401(k) Plan, also include matching contributions from the employer. These employer contributions may be subject to a vesting schedule. That means even if the funds are in the account now, the participant may not have full rights to them yet.
In QDRO drafting, we carefully distinguish between vested and non-vested funds. It’s common for the alternate payee to only receive a share of vested amounts. If the divorce order mistakenly divides the unvested portion, it could result in delay and rejection by the plan.

