Employee vs. Employer Contributions
The QDRO will usually divide the employee’s contributions and their investment earnings from the marriage period. But be careful with employer contributions. Many corporation-sponsored 401(k)s, including the Casa Restaurant Group 401(k) Plan, have a vesting schedule attached to employer matching funds. That means portions of the account may not be fully owned by the employee unless they’ve stayed with Casa d’angelo, Inc. for a certain length of time.
If some employer contributions are unvested, it’s essential for the QDRO to address what happens if those amounts are forfeited after divorce—you don’t want the alternate payee (usually the non-employee spouse) expecting funds that will never materialize.

