1. Employee vs. Employer Contributions
The Bdg Architects, Llp 401(k) Plan likely includes both employee deferrals and employer contributions. In many divorces, employee contributions are considered fully marital property. However, employer contributions may be subject to a vesting schedule.
If the participant isn’t fully vested in those employer contributions by the date of divorce or QDRO, a portion of that money could be forfeited. That means the non-employee spouse could end up with less than anticipated unless handled correctly in the QDRO language.

