1. Employee Contributions vs. Employer Contributions
Employee contributions are always 100% vested and can be divided under a QDRO with no issue. Employer contributions, however, may be subject to a vesting schedule. For example, matching funds or discretionary contributions often don’t fully vest until the employee has remained with the company for a set number of years.
If your divorce agreement includes a share of employer contributions from the Emarsys North America, Inc.. 401(k) Plan, it’s critical to verify what amount has actually vested as of the date of division. Any non-vested amounts will be forfeited and lost to both parties.

