1. Employee and Employer Contributions
Most 401(k) accounts, including those in the Rootstock Software 401(k) Retirement Plan, consist of two types of contributions:
- Employee Deferrals: These are the participant’s contributions and are always 100% vested.
- Employer Contributions: These may be subject to a vesting schedule. Only vested employer funds are divisible through a QDRO.
If you’re dividing the account by a percentage or specific dollar amount, make sure you’re clear whether that includes only vested portions or both vested and unvested. We typically recommend including safeguards in your QDRO to avoid disputes later.

