Dividing Employee and Employer Contributions
401(k)s typically include two types of contributions:
- Employee Contributions: These are usually 100% vested and easier to divide.
- Employer Contributions: These may be subject to a vesting schedule. Only vested amounts can be divided in a QDRO.
If your spouse isn’t fully vested, the unvested portion may be forfeited, and you won’t receive a share of that amount. Always confirm the vesting schedule with the administrator of the Sain Associates, Inc.. 401(k) Plan before drafting the QDRO.

