Employee vs. Employer Contributions
The Fusion Technology LLC 401(k) Plan likely includes a mix of employee contributions (what the participant put in) and employer contributions (what Fusion technology LLC 401(k) plan matched or added). Only vested employer contributions are divisible in a QDRO. It’s incredibly important when drafting the order to specify what portion of the account the alternate payee (usually the ex-spouse) is entitled to.
If the plan participant isn’t fully vested in the employer contributions, the QDRO must account for what is actually available for division. For example, if the participant is 50% vested at the date of divorce, only half of the employer contribution amount is legally divisible.

