1. Employee and Employer Contributions
During divorce division, you can generally claim a share of the vested portion of the total 401(k) account. This includes:
- Employee contributions (100% vested)
- Employer contributions (subject to a vesting schedule)
The Flock Freight, Inc.. Retirement Trust may have a graded or cliff vesting schedule for employer contributions. If the participant separates from employment early, a portion of their employer match may be forfeited. The QDRO must account for this and may need language that excludes unvested funds or acknowledges they may be forfeited post-divorce.

