Employee vs. Employer Contributions
Employee deferrals are typically 100% vested and can be divided. However, employer-matching contributions may have a vesting schedule. If a participant isn’t fully vested at the time of divorce, you can’t divide the unvested portion through a QDRO.
Make sure your divorce judgment or settlement agreement specifies whether you’re dividing just the vested balance or the entire account. This is especially important if the participant hasn’t worked at Jm mechanical, LLC (the plan sponsor) very long.

