Employee and Employer Contributions
The Independent Living 401(k) may include both employee deferrals and employer contributions. In divorce, only the account balance accrued during the marriage is typically subject to division. However, employer contributions may be subject to a vesting schedule. If the employee (your ex or you) is not fully vested, unvested amounts could be forfeited. It’s important that your QDRO clearly identifies whether the division includes only vested benefits or also a portion of unvested employer contributions expected to vest later.

