Employee vs. Employer Contributions
In dividing the Stones Mechanical LLC 401(k) Plan, a QDRO can assign a portion of the participant’s account to the alternate payee. That includes:
- Employee contributions (always 100% vested)
- Employer contributions (often subject to vesting schedules)
If the plan uses a vesting schedule for employer matches, only vested amounts can be divided. It’s vital to determine the vesting status on the account as of the cutoff date (commonly the date of divorce or separation).

