Employee vs. Employer Contributions
The Capricor, Inc.. 401(k) Plan likely includes two main types of contributions:
- Employee Contributions: These are 100% owned by the participant and fully divisible as of the date of divorce (or other defined valuation date).
- Employer Contributions: These often come with a vesting schedule. If the employee isn’t fully vested at the time of separation or divorce, some of these funds may not be transferable to the alternate payee.
It’s important to find out if the employee spouse is fully or partially vested and to clarify in the QDRO whether the alternate payee gets a share of only the vested portions or also a conditional share of unvested funds that may vest later.

