Employee and Employer Contributions
The Eis 401(k) Plan likely includes both types of contributions:
- Employee Contributions: These are usually 100% yours (or your spouse’s, if you’re the alternate payee) and fully vested. They’re the simplest to divide.
- Employer Contributions: These may follow a vesting schedule. Only the vested portion is eligible for division. If a participant isn’t fully vested at the time of divorce, some of that money may be off the table — at least for now.
During the QDRO process, we’ll identify what’s available for division and specify if the alternate payee (usually the ex-spouse) is entitled to a share of just the vested amount or also the unvested portion as it becomes vested (often referred to as a “separate interest” QDRO).

