1. Employee vs. Employer Contributions
The employee’s own contributions are 100% divisible under a QDRO. But employer contributions may be subject to a vesting schedule. This means the employee spouse may not be entitled to those funds unless they’ve worked for the company long enough.
When drafting your QDRO for the Label LLC 401(k) Plan, your attorney should identify:
- Which contributions are vested
- Which employer contributions are still subject to forfeiture
- How to account for future vesting (if permissible)

