Employee Contributions vs. Employer Contributions
Many people think a 401(k) is just one account—but the Coral R Gables 401(k) may hold different types of funds:
- Employee deferrals: These are usually 100% vested immediately and usually subject to division based on the marital portion (i.e., what was contributed during the marriage).
- Employer contributions: These often follow a vesting schedule. Only vested portions are available for division via QDRO, unless otherwise agreed to in your divorce settlement.
Determining what parts of the account can be split—and how—is the first critical step in preparing your QDRO accurately.

