Employee vs. Employer Contributions
The Mattel, Inc. Personal Investment Plan allows employees to contribute from their paycheck. These voluntary contributions are always 100% vested and are easily divided in a QDRO. However, any employer match may be subject to a vesting schedule. If the employee hasn’t met service requirements, some of these employer contributions could be forfeited — meaning the alternate payee wouldn’t receive a share of unvested funds.
The QDRO should clearly state whether the division includes just the vested portion as of the date of separation or a pro-rata share of future vesting contributions. Courts and parties will need to clarify this point during the divorce negotiation or litigation phase.

