1. Employee vs. Employer Contributions
Most 401(k) plans, including the Williams Adley & Company Dc Llp Retirement Plan, consist of two parts: contributions made by the employee and those made by the employer. Employer contributions may be subject to a vesting schedule, meaning the participant earns ownership over time. Unvested portions may be forfeited if the participant leaves the company early — and therefore may not be divisible in the QDRO.
A proper QDRO must spell out whether the division includes:
- Only employee contributions
- Both employee and fully vested employer contributions
- Any portion tied to continued vesting after the divorce (less common but sometimes requested)

