Employee vs. Employer Contributions
In 401(k) plans like the Steps Educational Group, LLC Retirement Plan, there are usually two types of contributions:
- Employee Contributions: These are deducted from the employee’s paycheck. They are always 100% vested and belong to the employee at the time of deposit.
- Employer Contributions: Often subject to vesting schedules. In a divorce, only vested portions of employer contributions are divisible. Non-vested amounts typically revert back to the plan if the employee leaves before fully vesting.
Your QDRO should clearly spell out whether the alternate payee receives just the vested portion or if division includes amounts that become vested in the future. Some courts allow future vesting to be shared, while others do not.

