Step 1: Identify the Type of Contributions
The A.s. Management, Inc. 401(k) Plan may include several types of contributions that must be addressed in the QDRO:
- Employee contributions – These are always 100% vested and can be divided right away.
- Employer matching or profit-sharing contributions – These may be subject to a vesting schedule. Only the vested portion at divorce can typically be divided.
It’s critical to review recent statements to see what portion is vested and what isn’t. Any unvested employer contributions may be forfeited if the employee spouse leaves the company before full vesting—something a well-drafted QDRO must account for.

