Employee and Employer Contributions
A common mistake is to assume all funds in the participant’s 401(k) account are automatically divisible. That’s not the case. Contributions in a 401(k) fall into two buckets:
- Employee Contributions: Funds the participant personally contributed. These are always 100% vested and can be divided in a QDRO.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion at the time of division is divisible.
For the Colors in Optics, Ltd.. 401(k) Plan, identifying which funds are employer vs. employee contributions—and confirming their vesting status—is key to writing an accurate QDRO. Unvested balances cannot be paid to the alternate payee.

