1. Employee vs. Employer Contributions
Only employer contributions are subject to a vesting schedule. Participants generally always own 100% of the funds they contribute themselves. The alternate payee is typically entitled to their share of both employee and vested employer contributions accrued during the marriage, but that must be clearly defined.
In the Scale Bank 401(k) Plan, a solid QDRO should specify whether the division includes:
- Only employee contributions
- Employee and vested portions of employer contributions
- Any earnings or losses from the division date to the distribution date

