1. Employee vs. Employer Contributions
401(k) plans often consist of several types of contributions:
- Employee contributions: Generally 100% vested and eligible for immediate division via QDRO. These are deducted directly from the employee’s paycheck.
- Employer contributions: May be subject to a vesting schedule. Only vested amounts can be awarded to an alternate payee. It’s important to check the plan records to see what portion, if any, the participant has forfeited due to separation from service or insufficient years of employment.

