1. Employee vs. Employer Contributions
This 401(k) plan may have different types of contributions:
- Employee contributions are always 100% vested and can be divided with the alternate payee (typically the ex-spouse) as of a specific cutoff date—usually the date of separation or divorce.
- Employer contributions may be subject to a vesting schedule. Unvested amounts cannot be awarded in a QDRO, and any forfeitures should be clearly excluded or noted in your order.

