1. Contributions and Vesting Schedules
Most 401(k) plans include two types of contributions: employee contributions (fully vested right away) and employer contributions, which may be subject to a vesting schedule. This affects what portion of the account is divisible in divorce.
In the case of the Interstate Building Materials 401(k) Plan, we can’t say for certain what the exact vesting schedule is since plan documents aren’t publicly listed. However, many General Business plans use a 5 or 6-year graded vesting schedule.
A good QDRO will clearly define:
- What portion of employer contributions is subject to division
- Whether unvested amounts should be included or excluded
- What happens to amounts that are forfeited if the employee leaves before fully vesting

