Employee vs. Employer Contributions
Most 401(k) plans are funded by both the employee and the employer. In many cases, employer contributions require years of service before they are fully vested. When dividing the Marek Sawing & Drilling 401(k) Plan, you’ll want the order to specify whether the alternate payee is entitled only to vested amounts or also to future vesting based on time already served.
Unvested employer contributions typically stay with the participant unless the plan allows post-divorce vesting. This means careful drafting is essential if you and your attorney believe the alternate payee should receive a portion of employer contributions.

