Employee and Employer Contributions
The Flogistix, Lp 401(k) Plan likely includes both employee contributions (always 100% vested) and employer matching or profit-sharing contributions (which may be subject to vesting rules). If the divorce occurs before the employee is fully vested, the alternate payee (usually the former spouse) may not be entitled to unvested employer funds.
It’s critical that the QDRO separates these properly. A common mistake is including unvested employer contributions, which the court can’t divide if they haven’t vested. Learn more about mistakes like thishere.

