Employee vs. Employer Contributions
401(k) accounts are often funded by both the employee and the employer. It is critical to distinguish between:
- Employee Contributions: These are usually 100% vested and eligible for division regardless of when the contributions were made.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion is divisible under a QDRO; the non-vested portion may be forfeited upon termination of employment.
When drafting the QDRO for the Los Angeles Collective LLC 401(k) Plan, your attorney will need to verify how much of the account is vested and only divide what’s legally assignable to the alternate payee (former spouse).

