1. Dividing Employee and Employer Contributions
Most contributions fall into two categories:
- Employee Contributions: These are funds the employee (your spouse) contributed from their paycheck. They’re always 100% vested, and you’re entitled to a portion as the alternate payee.
- Employer Contributions: These may be subject to a vesting schedule. If your spouse hasn’t worked at Robertson capital LLC 401(k) plan long enough, they may not own the full amount.
A QDRO must clearly specify if both employee and employer contributions are to be divided—and how to handle any unvested amounts.

