Employee and Employer Contributions
401(k) plans like the Fst Technical Services 401(k) Plan often include both employee (you or your spouse’s direct deposits) and employer contributions (matching or other funding from Fst technical services, Inc.). These are treated differently in division:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule—meaning the employee spouse might not own all of it yet.
In your QDRO, it’s critical to state how to handle partially vested accounts. An experienced QDRO attorney can ensure that language is included to protect both parties, whether one spouse gets only the vested portion or if unvested shares vest later and are also shared.

