Employee vs. Employer Contributions
When dividing a 401(k) like the Llano Pizza 401(k) Plan, you’ll want to distinguish between:
- Employee Contributions: These are the amounts the participant deferred from their paycheck. They’re always 100% vested and subject to division.
- Employer Contributions: Matching or discretionary amounts made by Llano pizza, Inc.. These are often subject to a vesting schedule.
When drafting a QDRO, specifying whether you want to divide just the vested portion or include unvested funds (which may be forfeited if the participant leaves the company) is critical. This is one area where legal guidance makes a big difference.

