1. Contributions: Employee vs. Employer
The Structural Concepts Corporation 401(k) Retirement Savings Plan likely includes both employee (voluntary) contributions and employer contributions. Employee contributions are fully vested immediately—those funds belong to the participant and can be divided without restriction.
Employer contributions, however, often come with a vesting schedule (especially in general business plans). For example, the participant might only own 40% of the employer contributions if they’ve worked for four years and full vesting doesn’t occur until year six. In your QDRO, you’ll need to specify whether only the vested portion should be divided—or if future vesting should be included.

