1. Employee vs. Employer Contributions
401(k) accounts are usually made up of two types of contributions: amounts the employee contributed (often through payroll deductions) and amounts contributed by the employer.
- Employee contributions are always fully vested and generally easier to divide.
- Employer contributions may be subject to a vesting schedule, especially in a corporate general business plan like the L & M Fabrication & Machine, Inc.. 401(k) Plan.
Make sure the QDRO specifies whether the former spouse is entitled to a share of just the vested portion—or if they’re to receive part of all contributions regardless of vesting. A knowledgeable QDRO attorney will guide you through this distinction.

