Employee and Employer Contributions
The Humane Society of Tampa Bay 401(k) Plan likely includes employee salary deferrals (money contributed by the participating spouse), as well as employer-matching contributions. These totals can usually be divided, but it’s important to note one thing: the participant typically keeps full rights to unvested employer contributions.
Employer matching contributions usually come with a vesting schedule. Only the vested amounts can be divided through the QDRO. If you’re the alternate payee, be aware that only the account balance that was vested as of the divorce date or QDRO valuation date can be shared. Unvested amounts are usually forfeited when the participant leaves employment or may become vested over time.

