Employee and Employer Contributions
The Earthworks, Inc.. 401(k) Plan likely includes both employee salary deferrals and employer matching or discretionary contributions. A common mistake is assuming all the money in the account is divisible. That’s not always true—employer contributions may be subject to a vesting schedule.
For example, if the participant spouse isn’t fully vested, portions of employer contributions may not be eligible for division. A properly drafted QDRO must clarify how to handle non-vested funds to avoid future confusion or loss of benefits.

