1. Types of Contributions
Most 401(k) plans—including the Ecotone, LLC 401(k) Plan—consist of:
- Employee contributions: These are always fully vested and typically easy to divide.
- Employer matching or profit-sharing contributions: These contributions may be subject to a vesting schedule, which can affect how much a non-employee spouse is entitled to receive.
If employer contributions aren’t fully vested, the alternate payee (usually the ex-spouse) may only be entitled to the portion that was vested as of the date set out in the QDRO—typically the divorce date or separation date. It’s critical to clarify this in the order.

