401(k) Contribution Types: Employee vs. Employer
In most 401(k) plans like the Pvs Steel Services Union Plan, contributions come from both the employee and employer. Employee contributions are typically 100% the participant’s property, while employer contributions may be subject to a vesting schedule. If you’re the alternate payee, it’s crucial to distinguish between what’s already earned (vested) and unearned (unvested) benefits.
When drafting the QDRO, we clarify that the order only applies to the vested portion of the account as of a certain date—commonly the date of separation or divorce judgment. This prevents later disputes if your ex was still earning benefits post-divorce.

