1. Dividing Employee and Employer Contributions
401(k) accounts typically include:
- Employee contributions – funds put in directly by the participant from their paycheck
- Employer contributions – matching or discretionary contributions, often subject to a vesting schedule
If part of the Clenera, LLC 401(k) Plan includes unvested employer contributions, the QDRO should address whether the alternate payee is entitled to any benefits that the participant has not yet vested in. In most cases, only fully vested benefits can be divided—but this must be clearly outlined in the QDRO.

