Employee vs. Employer Contributions
In a divorce, most courts consider the marital portion of the retirement account to include both employee and employer contributions made during the marriage. However, only vested employer contributions are actually divisible.
If the participant in the Great South Timber & Lumber, Inc.. 401 (k) Plan isn’t 100% vested, a portion of the employer contributions may be forfeited upon termination or divorce. Your QDRO needs to say how unvested amounts will be handled. At PeacockQDROs, we ask the right questions in advance to ensure clarity on this issue.

