Employee and Employer Contributions
Most divorcing parties assume all funds are divisible. That’s not always the case. In a 401(k) like the Marshall Industrial Technologies Savings & Retirement Plan, the employee’s contributions are fully divisible. But employer contributions may be subject to a vesting schedule. Unvested amounts may revert to the plan if the employee leaves the company early. Until they’ve vested, those employer funds may not be allocated through a QDRO unless the parties agree to divide “as of the date of divorce” and clearly outline treatment of non-vested funds.

