Employee vs. Employer Contributions
In the Kaplan Companies 401(k) Plan, like most traditional 401(k)s, there are two main types of contributions:
- Employee Contributions: Always 100% vested and subject to division.
- Employer Contributions: May be subject to a vesting schedule. Unvested amounts cannot be divided.
The QDRO must make clear whether the alternate payee is awarded a portion of the vested balance only or if the award will include future amounts that vest later. This can be critical when division language is drafted “as of” a certain date.

