Employee and Employer Contributions
In a 401(k) like the Learn and Play Montessori School LLC Retirement Plan, there are two types of contributions:
- Employee Contributions: Generally 100% vested. These can be directly divided based on the terms of the QDRO.
- Employer Contributions: Often subject to vesting schedules. This means a portion of the contributions might not be available if the employee hasn’t met the required service time. In a QDRO, only the vested portion can be assigned to the alternate payee.

