Employee vs. Employer Contributions
In a 401(k) such as the Vigilucci’s Restaurants Group 401(k) Plan, both employee elective deferrals and employer contributions may be divided. However, only contributions that are vested (secured by the employee) are assignable to the alternate payee. Employers usually apply a vesting schedule, especially in corporate plans like this one.
- Employee Contributions: 100% always vested
- Employer Contributions: Subject to plan-specific vesting rules
If the employee hasn’t worked long enough to vest fully in their employer’s contributions, some of those funds may not be available to divide. A QDRO must clearly state whether the alternate payee is to receive only vested amounts as of a specific date or a proportion of future vesting.

