Employee and Employer Contributions
401(k) plans typically consist of:
- Employee contributions: These are always fully vested and are typically subject to division in the QDRO.
- Employer contributions: These are subject to a vesting schedule, and only the vested portion can be divided.
For example, if the participant has worked at Jalbert leasing, Inc.. ee retirement plan for three out of five years on a vesting schedule, only a portion of the employer match may be available. The QDRO should reflect this detail or note that only vested amounts are to be divided as of the date of division.

