Employee and Employer Contributions
401(k) plans like the Marter Sorting 401(k) Plan S are usually funded by both the employee and the employer. However, employer contributions often come with vesting schedules. That means an employee may not have a right to the full amount of those contributions unless they’ve stayed with the employer for a certain number of years.
When dividing this plan, it’s important to determine:
- What portions of the account are fully vested
- Whether unvested amounts should be excluded from the QDRO award
- How to handle potential forfeitures if the employee leaves before full vesting
Failure to address these items may result in account shortfalls or disputes post-divorce.

