Employee Contributions vs. Employer Contributions
Like most 401(k) plans, the High Desert Aggregate & Paving 401(k) likely includes both employee contributions (which are always 100% vested) and employer contributions, which may be subject to a vesting schedule. In a divorce, only the vested portion of the account can usually be divided by a QDRO.
For example, if your spouse has been employed with High desert aggregate & paving, Inc. for just a few years, they may not yet be fully vested in employer contributions. Any unvested funds could be forfeited if the participant leaves the company. This could significantly affect what’s actually available for division.

