Employee Contributions vs. Employer Contributions
The Direct Auction Services, LLC 401(k) Plan likely includes two types of contributions:
- Employee Contributions: These are usually fully vested and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule and are only partially earned by the participant depending on time served.
The QDRO should clearly outline whether only vested balances are being divided, and whether to include forfeitable (unvested) amounts if they later become vested after the divorce. This can have a big impact on the alternate payee’s share.

