Employee vs. Employer Contributions
401(k) plans include two types of contributions:
- Employee contributions are fully vested and generally straightforward to divide.
- Employer contributions may be subject to a vesting schedule, meaning a spouse may only be entitled to a portion depending on the employee’s years of service.
A properly drafted QDRO will clarify whether only vested employer contributions are being divided or if future vesting is accounted for. This is especially important when dealing with newer employees at Hunter strategy LLC who may not be 100% vested yet.

