1. Employer Contributions and Vesting
The Jack’s Abby Brewing Co. 401(k) Plan likely includes both employee and employer contributions. But not all of those employer contributions may be earned—or “vested”—yet. Before dividing the account, it’s critical to determine:
- Which contributions are fully vested (and therefore divisible)
- Which are not vested and may be forfeited upon separation
The QDRO must reflect whether the alternate payee (the ex-spouse) is getting a share based only on vested funds or the entire balance, depending on the agreement.

