1. Contributions: Employee vs. Employer
The most important thing to understand is that not all funds in a 401(k) plan are treated equally. In addition to employee salary deferrals (which are typically 100% vested), there may be employer contributions that are subject to a vesting schedule. When dividing the Sonia 401(k) Retirement Plan through a QDRO, you’ll need to distinguish between:
- Fully vested employee contributions
- Fully vested employer contributions
- Non-vested employer contributions (which are usually forfeited upon termination)
Only the vested portion of the account will be available for division at the time of QDRO submission.

