Employee and Employer Contributions
401(k) plans typically contain two types of contributions:
- Employee Contributions: Always 100% vested and immediately transferable through a QDRO.
- Employer Contributions: Usually subject to a vesting schedule. Only the vested portion can be divided in divorce.
When dividing the Just for Tots 401(k), it’s essential that the QDRO clearly states whether the alternate payee is entitled to just the employee contributions—or both vested employee and employer funds. Make sure to request a full breakdown of account balances and vesting status when preparing the order.

