Employee and Employer Contributions
The Clean Control 401(k) Plan likely includes both employee deferrals and employer matching contributions. Employee contributions are always 100% vested, but matching contributions from Clean control corporation may be subject to a vesting schedule. This means only a portion may actually be “owned” by the employee at the time of divorce. A well-drafted QDRO will clearly distinguish between vested and unvested funds, or will divide only the vested portion if that’s what the parties agree to.

