Employee vs. Employer Contributions
The participant’s salary deferrals (employee contributions) are typically 100% vested. That means they’re considered marital property and subject to division. Employer contributions may be subject to a vesting schedule. If your spouse hasn’t met the service requirements to keep those contributions, a portion may be non-marital and revert to the employer after divorce.
When drafting a QDRO for the Evergreen Turf Inc.. 401(k) Profit Sharing Plan and Trust, we routinely include clear language to separate vested from unvested amounts. This makes sure the alternate payee (usually the ex-spouse) doesn’t accidentally receive less than intended—or try to claim more than allowed.

