Employee vs. Employer Contributions
In 401(k) plans like the Saunders Brothers Inc.., 401(k) Plan, the account balance is typically made up of:
- Employee contributions: Always 100% vested and available for division.
- Employer contributions: Subject to a vesting schedule, which means a portion may not yet belong to the employee at all.
If the plan participant is not fully vested, any unvested employer contributions cannot legally be divided. The QDRO must be drafted to reflect only the vested portion at the time of division or provide instructions on how to treat future vesting, if applicable.

