Employee vs. Employer Contributions
In the Counseling in Schools 401(k) Plan, like all 401(k)s, contributions may come from both the employee and the employer. It’s essential to distinguish between the two when dividing the account:
- Employee Contributions: These are typically 100% vested immediately and thus are fully divisible in a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided.
Make sure your QDRO takes into account whether the employee was fully vested at the time of divorce. Anything unvested can be forfeited if the employee leaves their job before becoming fully vested.

