Employee vs. Employer Contributions
With a 401(k) plan like the Ravlich Enterprises, LLC 401(k) Profit Sharing Plan and Trust, there are two types of contributions that may be involved:
- Employee Contributions: These are fully vested and typically available for division through a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. If the participant is not fully vested, the unvested portion may be forfeited after divorce—and may not be available to the alternate payee.
A well-structured QDRO will specify whether it divides only the vested portion as of a certain date (like the date of separation or divorce) or also includes amounts that vest later.

