1. Employee and Employer Contributions
In many business 401(k) plans, employer contributions (like a match) are subject to a vesting schedule. Only the vested portion of these contributions at the time of division is subject to QDRO division. If your spouse isn’t fully vested yet, some employer dollars may not be yours to claim.
The Detroit 90/90 Retirement Savings Plan likely includes both employee salary deferrals and employer contributions. A well-drafted QDRO should specify exactly what’s being divided. It’s also important to clarify whether the marital portion includes just contributions made during the marriage or the full vested balance at the time of divorce.

