Employee vs. Employer Contributions
The Drata Inc.. 401(k) Plan likely includes both types of contributions. Employee contributions are generally 100% vested, meaning the participant owns them outright. However, employer matching or profit-sharing contributions may be subject to a vesting schedule.
If a spouse is awarded a portion of unvested employer contributions through a QDRO, it’s important to structure the language so that they receive only the portion that is eventually vested. That way, the alternate payee doesn’t receive benefits that never fully belonged to the participant in the first place.

