Employee and Employer Contributions
401(k) balances often include:
- Employee Contributions: These are always 100% vested and divisible.
- Employer Contributions: These may be subject to a vesting schedule. Unvested portions are typically not eligible for division, unless they vest before the QDRO is executed.
When drafting a QDRO for the Lewis Johs Avallone Aviles Retirement Plan, you need to determine what portion of the employer contributions is vested. Otherwise, the alternate payee may end up with less than expected.

