1. Employee and Employer Contributions
One major factor in dividing a 401(k) plan like the Lincoln-uinta Child Development Association 401(k) Plan is determining which contributions are included. Participant (employee) contributions are always divisible. Employer contributions, however, might be subject to a vesting schedule.
If the employee is not fully vested, a portion of the employer contributions may not be available for division. When drafting the QDRO, it’s important to clarify whether the division applies to just the vested balance or the full account value.

