1. Employee vs. Employer Contributions
401(k) plans like the Cornerstone Security 401(k) Plan consist of two main contribution types:
- Employee Contributions: Usually fully vested immediately and easier to divide.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion can be awarded in the QDRO.
During the divorce process, it is critical to determine which contributions are vested as of the date of separation (or another relevant date agreed upon in the divorce). Any unvested employer contributions generally remain with the participant unless plan rules or settlement terms say otherwise.

