1. Employee vs. Employer Contributions
The total balance in a 401(k) often includes employee deferrals, employer matching, and profit-sharing contributions. In most divorces, contributions made during the marriage are considered marital property, regardless of whose name is on the account.
However, employer contributions in the Coakley Brothers, Inc.. Profit Sharing & 401(k) Plan may be subject to a vesting schedule. If a portion of the plan has not vested at the time of divorce, it may not be immediately available for distribution to the alternate payee. Your QDRO should account for this.

