1. Employee vs. Employer Contributions
The Aaa Transport 401(k) Retirement Plan includes both employee salary deferrals and employer matching or profit-sharing contributions. The employee’s contributions are always considered 100% vested. However, the employer’s contributions usually follow a vesting schedule. That means the participant may not be entitled to the full value of employer contributions, especially if they have not worked long enough.
During divorce negotiations, it’s important to identify which portion of the account is fully vested. QDROs should specify that only vested funds—whether contributed by the employer or the employee—are to be divided. You’ll also want language addressing how to handle any additional vesting that may occur after the separation date but before the QDRO is processed.

