1. Employee vs. Employer Contributions
Many people assume a 401(k) is a single pot of money, but it’s really made up of contributions from the employee (100% vested from day one) and employer contributions (often subject to a vesting schedule). In the case of the Lulu & Georgia, Inc.. 401(k) P/s Plan, it’s crucial to identify:
- Which contributions are from the employee—these are always divisible
- Which contributions were from the employer—and whether the employee was vested in them at the time of divorce
If the employee isn’t fully vested, any unvested balance may return to the plan upon separation or termination and isn’t available to divide. A well-crafted QDRO will divide only vested amounts and clarify those details in the order.

