Employee vs. Employer Contributions
A major issue in dividing the Lottsa Cheese, Inc.. 401(k) Plan is figuring out which portion of the account balance is marital property. Most plans include both employee contributions (usually vested immediately) and employer contributions (often subject to a vesting schedule). If the participant hasn’t met the full vesting schedule, some of the employer match may be forfeited if the participant leaves the company. Your QDRO should only divide the vested portion unless otherwise agreed in negotiations.

