Employee vs. Employer Contributions
It’s important to separate employee contributions (which are always 100% vested) from employer contributions, which may be subject to a vesting schedule. With the Childsafe 401(k) Plan, if some employer funds weren’t fully vested at the time of divorce, those unvested amounts can’t be awarded in a QDRO.
We help divorcing spouses correctly handle:
- Dividing only the marital (shared) portion of the account
- Addressing whether the division should include gains and losses after the date of division
- Clarifying treatment of partially vested account balances

