1. Dividing Employee vs. Employer Contributions
The Sempracore, LLC 401(k) Plan likely includes both employee deferrals and employer contributions. A QDRO can divide both types of funds, but it’s important to know whether the employer contributions are fully vested. If not, the alternate payee may not be entitled to the full balance that appears in the account—only the vested portion is available for division.
Vesting schedules differ by plan. Some use a graded schedule (e.g., 20% per year), while others use a cliff vesting (e.g., 100% after three years). The QDRO should address whether only vested amounts will be divided or how to handle unvested amounts that may become available later.

