1. Contributions: Employee vs. Employer
The Damm Fine Pizza Dba Blaze Pizza 401(k) Plan likely includes both employee and employer contributions. Employee contributions are always 100% vested. But employer contributions may be subject to a vesting schedule.
- Only vested employer contributions are subject to division in a QDRO.
- Unvested portions typically remain with the employee spouse unless specific rules or exceptions apply.
If you’re the non-employee spouse, it’s critical to determine which amounts are vested and which are not as of the date of divorce or division. You’ll also want to understand how the plan defines service for vesting purposes.

