Employee vs. Employer Contributions
Not all funds in a 401(k) belong 100% to the employee. The Tacoria 401(k) likely includes:
- Employee contributions (always 100% vested)
- Employer matching or profit-sharing contributions (may be subject to a vesting schedule)
Only vested employer contributions can be awarded to an alternate payee (usually the non-employee spouse). If your divorce is pending and vesting hasn’t occurred yet, timing matters. You may need to address this in the QDRO language to preserve your share as vesting continues.

