1. Employee vs. Employer Contributions
The first step in any division is understanding the makeup of the account. The Digi America, Inc.. 401(k) Retirement Plan likely contains two types of contributions:
- Employee Contributions: These are always fully vested and available to divide
- Employer Contributions: These may be subject to a vesting schedule and may not all be available for division, depending on the employee’s years of service
Your QDRO should clearly state whether it divides the total account balance, just the vested portion, or something else. If you don’t specify, the plan administrator may default to interpreting it narrowly.

