Employee Contributions vs. Employer Contributions
401(k) plans often include both types of contributions. Employee contributions are always 100% vested, meaning the person who made them owns them outright. Employer contributions may be subject to a vesting schedule, meaning they may not fully belong to the employee until they’ve worked at Yummy foods LLC 401(k) plan for a certain number of years.
In drafting your QDRO, we will carefully separate out vested versus non-vested amounts. Unvested employer contributions typically cannot be divided unless the employee eventually becomes fully vested. In such cases, we can include provisions to account for these amounts if they vest in the future.

