1. Employee and Employer Contributions
The participant’s 401(k) balance may include both employee salary deferrals and contributions made by Captor corporation 401(k) savings plan & trust. While an employee’s contributions are always 100% vested, employer contributions may be subject to a vesting schedule.
If part of the employer match is unvested at the time of divorce, the QDRO can only assign what is vested. If vesting continues after the divorce but the parties intend to share future contributions, the language must clearly account for that—and plans may or may not approve such future sharing. This is an area where subtle language errors can cost thousands of dollars.

