Employee vs. Employer Contributions
Like most 401(k) plans, this one likely has two sources of contributions: those made by the employee (the plan participant) and those contributed by the employer (Hurley construction, Inc..). In many divorces, the marital portion includes both types of contributions made during the marriage. However, employer contributions may be subject to a vesting schedule. This means that even if funds were deposited during the marriage, only vested amounts are available for division.
Unvested employer contributions may be forfeited if the employee leaves the company before meeting the vesting requirements. Therefore, your QDRO must make clear whether it applies to only the vested portion or includes future vesting rights.

