Employee and Employer Contributions
401(k) plans usually consist of two sources of money:
- Employee Contributions: Fully owned by the plan participant. These are typically 100% divisible.
- Employer Contributions: Often subject to vesting schedules. These may or may not be fully divisible depending on length of service or other factors.
Your QDRO needs to specify whether it includes only vested portions of employer contributions or if unvested balances are to be assessed at the time of distribution or transfer.

