Employee vs. Employer Contributions
Employee contributions are always 100% vested and can be divided as of the date specified in the QDRO — either the date of separation, dissolution, or some other agreed-upon date. However, employer contributions may be subject to a vesting schedule. If the participant has not yet fully vested, those amounts may be excluded or only partially available for division.
When drafting a QDRO for the The Urban Electric Company 401(k) Plan, it’s critical to determine how much of the employer contribution is vested as of the chosen division date. Any unvested amounts typically remain with the account holder and are not divided.

