1. Employee and Employer Contribution Division
The Kearny Steel Container Corporation 401(k) likely includes both employee contributions (deferrals from paychecks) and employer contributions. These can include matching contributions, profit-sharing, or other forms of employer-funded deposits.
- Employee contributions are always 100% vested and can be divided in divorce no matter how long the employee has worked at the company.
- Employer contributions are often subject to vesting schedules. In many plans, if the employee hasn’t been with the company for a certain number of years, some of the employer-funded portion may not be available for division. These unvested portions revert to the plan—and the alternate payee has no claim over what isn’t vested as of the QDRO valuation date.

