Employee vs. Employer Contributions
With 401(k) plans like The Gateways Rehabilitation Services Retirement Plan, it’s important to remember that the account is funded by two kinds of contributions:
- Employee Contributions: Always 100% vested and available for division.
- Employer Contributions: Often subject to a vesting schedule. Unvested amounts can’t be assigned via QDRO and are forfeited if the employee leaves before being fully vested.
When you’re dividing this particular plan, your QDRO should make it clear how to allocate only vested employer contributions. You’ll also want to confirm the employee’s vesting status at the time of divorce to avoid disputes later.

