Employee vs. Employer Contributions
Most 401(k) plans, including the W. Silver Inc.. 401(k) Plan, contain two types of contributions:
- Employee Contributions: Always 100% vested and available for division in a QDRO.
- Employer Contributions: Subject to vesting schedules. Only the vested portion is divisible in the QDRO.
It’s important to check the participant’s vesting schedule at the time of the divorce. Amounts not vested are forfeited and typically not available to the alternate payee (the ex-spouse).

