Employee vs. Employer Contributions
The employee’s contributions to the Hatch Baby Inc. 401(k) Plan are immediately vested, but employer contributions may be subject to a vesting schedule. This matters in a divorce. Only vested employer contributions can be awarded to an alternate payee in a QDRO. If part of the employer match is not vested as of the date used in the division (often the date of separation or divorce), it cannot legally be divided. Your QDRO needs to clearly state whether the division applies to the entire account balance or only the vested portion.

