Employee vs. Employer Contributions
Employee contributions are always 100% vested, meaning they’re clearly divisible in a QDRO. Employer contributions, however, may be subject to a vesting schedule—often tied to years of service. For the Clsh 401(k) Plan, you’ll want to request a recent plan statement and plan summary to determine which amounts are vested and available to divide.
If your spouse isn’t fully vested, only the vested portion can be distributed to the alternate payee. Unvested funds will be forfeited back to the plan if the employee doesn’t meet the vesting requirement upon separation.

