Employee and Employer Contributions
401(k) balances typically include both employee deferrals and employer matches. However, only employer contributions are subject to a vesting schedule, meaning some of the money may not legally belong to the participant at the time of divorce. Your QDRO must clearly state whether the alternate payee receives a portion of:
- Only vested amounts
- All contributions (even unvested portions)
This becomes especially important in company plans like the Bear Logistics Services 401(k) Plan, where we often see multi-year vesting schedules.

