Employee and Employer Contributions
The Cencore Associates LLC 401(k) Plan likely includes both employee contributions (i.e., amounts the participant voluntarily elected to defer from their paycheck) and employer contributions (such as matching funds provided by the employer). It’s important to distinguish between these types because employer contributions may not be fully vested at the time of divorce.
Only the vested portion of employer contributions is divisible through a QDRO. Unvested funds cannot be paid out to an alternate payee until (or unless) they vest under the plan’s rules. The QDRO should clearly state whether the alternate payee will receive a percentage of the participant’s account as of the date of divorce, the date of distribution, or some other date.

