1. Employee vs. Employer Contributions
In 401(k) plans like the Midway Industrial Supply Employee Savings and Retirement Plan, there are typically two types of contributions:
- Employee Contributions: These are always 100% vested and are usually divided using percentages or a set dollar amount as of a specific date (like the date of separation or divorce).
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion is subject to division in the QDRO. Any unvested funds at the time of divorce cannot be allocated to the alternate payee.

