Employee and Employer Contributions
In most 401(k) plans, the employee’s contributions are their property and are fully divisible in divorce. However, employer contributions often follow a vesting schedule. That means only the vested portion is eligible to be divided—everything else may be forfeited unless the participant meets service requirements. In a case involving the Hays Electric Services, Inc.. 401(k) Plan, it’s important to get the most recent benefits or vesting statement before drafting the QDRO.

