1. Employee vs. Employer Contributions
The Teaching Lab 401(k) Plan likely includes contributions made by the employee (participant) and contributions made by the employer. Keep in mind:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule. Any unvested amounts as of the date of divorce or QDRO will typically be forfeited.
It’s important to determine the employee’s vesting status at the cutoff date relevant to your divorce. This is usually the date of separation, date of divorce, or the date specified in the marital settlement agreement.

