Employee vs. Employer Contributions
For 401(k) plans like the West Texas Cementers LLC 401(k) P/s Plan, both employee and employer contributions may be at play. A QDRO can divide either or both types of contributions. Be aware of:
- Employee Contributions: Typically 100% vested and easily divisible.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion is divisible in divorce.
When preparing your QDRO, make sure the order specifies that only the vested portion of the employer contributions is to be divided. Otherwise, the administrator might reject or partially process your order.

