Types of Contributions: Employee vs. Employer
Like many 401(k) plans, the Assembled 401(k) Plan likely includes both employee deferrals and employer contributions. Careful language must be used to address both:
- Employee Contributions: Typically 100% vested and easily divided.
- Employer Contributions: May be subject to a vesting schedule, which can affect what the alternate payee can receive.
Unvested employer contributions usually remain with the employee unless the QDRO includes provisions to address possible future vesting events.

