Employee and Employer Contributions
The first question people often ask is, “Do I get half of the account?” The short answer is: not necessarily. The portion of the 401(k) that’s subject to division typically includes only the amounts earned during the marriage. We usually define this by the date of marriage to the date of separation or divorce.
In a plan like the Cheer Athletics Brands LLC 401(k) Plan, employee contributions are always 100% vested, so those amounts are generally included. However, employer contributions may be subject to vesting schedules. If a participant leaves the company or gets divorced before fully vesting, some of those employer contributions may never be paid out and could be forfeited. Make sure the QDRO accounts for this appropriately so that the alternate payee doesn’t expect money that’s not guaranteed.

