Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are 100% owned by the participant—what you put in is yours. However, employer contributions may be subject to a vesting schedule. This means the employee must work for the company for a certain number of years before those matching contributions fully “belong” to them.
In a divorce, the QDRO only covers what’s actually vested at the time of the division (or date agreed upon in the divorce). If your spouse only worked at Coast to coast podiatry Inc.. 401(k) for a short time, some of the employer match may be off-limits—because it simply hasn’t vested yet. As part of the QDRO process, we help you determine exactly what portion is legally divisible.

