1. Employee and Employer Contributions
Contributions in this 401(k) plan may come from both the employee and the employer. Typically, the employee contributions are always 100% vested and belong fully to the plan participant. Employer contributions, on the other hand, often follow a vesting schedule. This means the employee may not own the employer-contributed portion outright until completing a set number of service years.
A QDRO should address whether the alternate payee will receive a share of both the employee and employer contributions, and whether vesting status at the time of distribution or divorce date governs division.

