Employee vs. Employer Contributions
401(k) accounts usually contain two types of funds:
- Employee Contributions: These are always 100% vested and directly contributed from the participant’s paycheck.
- Employer Contributions: These are often subject to vesting schedules. If the participant is not fully vested at the date of division, the unvested portion will not be available to the alternate payee.
For the Prodigy Surgical Distribution 401(k) Profit Sharing Plan and Trust, make sure the QDRO specifies whether the alternate payee will share only in the vested portion or be entitled to a share of any future vesting. Most QDROs divide just the vested portion as of the division date.

