Employee vs. Employer Contributions
401(k) plans often involve both employee contributions (which are immediately the employee’s property) and employer contributions, which are typically subject to a vesting schedule. In the case of the Catered by Design 401(k) Plan, La pasta-ria ristorante, Inc. may apply graduated vesting or cliff vesting to employer contributions. The QDRO must reflect the vested portion as of the date of divorce or another agreed-upon date. Unvested amounts typically revert back to the plan and aren’t divided.

