1. Employee and Employer Contributions
Most 401(k) plans include both employee contributions (from the worker’s paycheck) and employer matching contributions. During divorce, the employee’s contributions are usually fully divisible. However, employer contributions may be subject to a vesting schedule, meaning some or all of those funds might not be owned by the participant at the time of division.
In the Front Runner Logistics, LLC 401(k) Plan, any funds not yet vested at the time of divorce may not be available for division. We often include provisions in the QDRO that clarify how unvested funds are treated if they later vest before distribution to the alternate payee.

