Employee and Employer Contributions
401(k) accounts are divided into contributions made by the employee and those made by the employer. In some cases, employer contributions are subject to a vesting schedule. If contributions aren’t fully vested at the time of divorce, they may not be included in the divisible portion of the plan through a QDRO.
For the Bel Air Internet, LLC 401(k) Plan, it’s important to request a statement that clearly separates employee deferrals, vested employer contributions, and any unvested amounts. A properly drafted QDRO will specify which of these are being divided and how.

