Employee vs. Employer Contributions
401(k) plans like the American College of Physicians, Inc.. Defined Contribution Retirement Plan B typically include two types of contributions:
- Employee contributions: Fully vested and available for division according to the QDRO.
- Employer contributions: Often subject to a vesting schedule. Unvested portions may not be available to divide.
Your divorce order should distinguish clearly between these two sources. If employer contributions are not fully vested, the alternate payee (non-employee spouse) should not expect to receive unvested amounts—unless they later vest according to the plan schedule.

