1. Employee vs. Employer Contributions
Employee contributions are always 100% vested and generally easier to divide. However, employer contributions may be subject to a vesting schedule. This means part of the employer-funded account may not yet fully belong to the employee, especially if they haven’t reached a certain number of years of continuous service.
In the Canoga Perkins 401(k) Profit Sharing Plan, it’s essential to confirm the participant’s vesting status at the time of divorce. A QDRO for this plan should specifically address whether the alternate payee is entitled only to vested portions or to future vesting as well.

