Employee and Employer Contributions
401(k) plans like the Giffin, Inc.. 401(k) Salary Reduction Plan & Trust typically contain both employee deferrals and employer contributions. While the employee deferrals are always vested and divisible, employer matching or profit-sharing contributions may have a vesting schedule. Only vested employer amounts can be awarded to an alternate payee.
If the employee spouse (the “participant”) has unvested employer contributions at the time of divorce, those amounts cannot be transferred unless they later vest. Your QDRO should mention whether the alternate payee is entitled to a share of future vesting.

