Dividing Employee and Employer Contributions
401(k) accounts typically include two types of contributions:
- Employee contributions – Fully vested immediately
- Employer contributions – May be subject to a vesting schedule
If part of the account is not yet vested (i.e., the participant must stay longer with Action homecare and staffing LLC to keep those funds), the alternate payee won’t receive that portion. Your QDRO should specify whether unvested portions are included and make clear what happens if those funds vest later.

