1. Employee and Employer Contributions
401(k) plans like the Lenlyn Limited 401(k) Plan usually include two types of contributions:
- Employee Contributions: These are always 100% vested and can be divided in the QDRO without restriction.
- Employer Contributions: These may be subject to a vesting schedule, meaning only a portion may be eligible for division depending on the employee’s length of service.
When preparing a QDRO, we always confirm which portions of employer contributions are vested as of the divorce date or division date. Unvested amounts generally cannot be awarded to an alternate payee.

