Employee vs. Employer Contributions
In many corporate-sponsored plans like the Rmbus 401(k) Plan, the account includes both types of contributions:
- Employee Contributions: These are fully owned by the employee as soon as they’re made. In divorce, they can be divided regardless of the employee’s continued service.
- Employer Contributions: These may be subject to a vesting schedule (more on that below).
During QDRO drafting, it’s important to clarify whether the alternate payee is receiving a share of just the vested account or of the total account including unvested amounts. Most typically, only the vested portion is included, unless the specific agreement or plan terms say otherwise.

