Employee and Employer Contributions
401(k) plans like the Piazza Romana LLC 401(k) Plan often have both employee and employer contributions. While employees are always fully vested in their own contributions, employer contributions may be subject to a vesting schedule.
When dividing a 401(k), it’s important to understand:
- What percent of the total account belongs solely to the employee due to full vesting
- Which employer contributions are unvested, and whether they should be excluded from division
- How to word the QDRO to account for only the vested balance—or include future vesting, if agreed by both parties
Failing to clarify these points can result in the alternate payee receiving less than they expect, or more than what the plan allows, leading to rejection of the order.

