Employee and Employer Contributions
One critical issue in dividing the Canyon Graphics 401(k) Plan is determining what percentage of the account is marital property. Most plans include both employee and employer contributions. However, employer contributions may be subject to a vesting schedule. Anything not vested at the time of divorce may not be distributable—and the QDRO needs to reflect that limitation.
The QDRO should clearly state whether it covers just the vested balance or includes future vesting (if permissible by the plan). This avoids disputes or delays down the line.

