Employee Contributions vs. Employer Contributions
The Babson College Retirement Plan, being a typical 401(k), likely includes contributions from both the employee (salary deferrals) and the employer (matching or discretionary contributions). One major issue in dividing the plan is whether the employer contributions are vested. Many employer contributions vest over time based on years of service. If a portion of the employer contribution isn’t vested at the time of divorce, that portion may not be available to divide.
Your QDRO should specify whether the alternate payee is entitled only to vested amounts or any portion that becomes vested after the divorce. Be careful—a poorly worded QDRO might leave out valuable sums or result in the alternate payee receiving less than expected.

