Employee vs. Employer Contributions
In 401(k) plans such as the Carson Industries, Inc.. 401(k) Plan, both the employee and the employer typically make contributions. While an employee’s contributions are always 100% vested immediately, employer contributions may be subject to a vesting schedule. If the employee hasn’t worked long enough to fully vest, a part of the employer-funded portion may be forfeited and therefore not subject to division.
Be careful when drafting the QDRO—it should clearly state whether only the vested portion is to be divided or if the alternate payee is to share in future vesting. This can significantly affect the amount the non-employee spouse receives.

