Employee and Employer Contributions
In most 401(k) plans, both the employee and employer contribute to the account. These contributions are typically subject to a vesting schedule. During a divorce, only the vested portion of the account can be divided under a QDRO.
In the case of the Eba Engineering, Inc.. 401(k) Plan, one spouse may be fully vested in their own contributions, while employer contributions may only be partially vested. This distinction is crucial, and the QDRO should be designed to address it clearly—for example, by granting only the vested employer contributions as of the date of divorce or account division.

