Employee vs. Employer Contributions
In a 401(k) like the Best Limo & Transportation, Inc.. Retirement Savings Plan, both the employee and the employer may make contributions. Employee contributions are fully vested and always divisible. However, employer contributions may be subject to a vesting schedule and might not fully belong to the participant yet.
It’s important that the QDRO clearly states whether it applies only to the vested balance, or if future vesting is to be considered. We help clients determine what portion was accrued during the marriage and whether unvested employer funds should be included as a marital asset.

