1. Employee and Employer Contributions
The employee’s contributions to the Lydig Construction, Inc.. 401(k) Plan are always 100% vested. However, employer contributions—especially matching contributions—may be subject to a vesting schedule. This means only a portion of the employer match may be available to divide depending on the employee’s years of service.
This matters in divorce because only the vested portion can be awarded to the alternate payee. If your decree says the alternate payee gets 50% of the full account but half of that is unvested, disputes and confusion could follow. Make sure your QDRO language addresses this clearly.

