Employee and Employer Contributions
Most 401(k) accounts under plans like the Amideast Employee Retirement Savings Plan include a mix of employee salary deferrals and employer matching or profit-sharing contributions. While employee contributions usually become 100% vested immediately, employer contributions may be subject to a vesting schedule. If the employee is not fully vested on the date of divorce or division, only the vested portion can be awarded to the Alternate Payee.
Be very clear in your QDRO whether you are seeking division as of the marital separation date, divorce date, or another specifically defined valuation date. This matters especially when contributions and investment earnings vary over time.

