Employee vs. Employer Contributions
In most 401(k) plans like the Auto International Insurance Agency, Inc.. 401(k) Plan, employees can make pre-tax or Roth contributions directly from their paycheck. Employers may match a portion of those contributions—but those matching funds often come with a vesting schedule.
When dividing these funds, it’s crucial to clarify which portion of the account is made up of vested employer contributions and which may still be unvested (and therefore non-divisible under the QDRO). A common pitfall is awarding 50% of the total balance, which unintentionally includes unvested amounts that the participant may never keep if they leave employment too soon.

