Employee vs. Employer Contributions
401(k) accounts usually include both employee contributions (100% owned by the account holder) and employer contributions (which may or may not be vested). When dividing the account through a QDRO, each type must be addressed.
- Employee contributions are always available to divide.
- Employer contributions may be restricted if not yet vested. If a contribution is unvested at the time of divorce, the alternate payee (usually the ex-spouse) may not be entitled to it.
For the Aquatic Group LLC 401(k) Plan, you’ll need to look at the latest account statement and possibly call the plan administrator to determine how much of the employer money is vested.

