Employee vs. Employer Contributions
Most plans include:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion at the time of divorce or QDRO effective date can be divided.
When writing a QDRO for the Solar Energy Industries Association 401(k) Plan, it’s critical to determine how much of the employer match is vested. If you divide an unvested amount, the receiving party may never see that money.

