1. What Happens to Employee vs. Employer Contributions?
Most 401(k) plans, including the Maxwell Hardwood Flooring 401(k) Plan, include both employee elective deferrals and employer contributions (like match or profit-sharing). Employee contributions are always 100% vested—because it’s money the employee contributed. But employer contributions may be subject to a vesting schedule.
That’s important. If your spouse isn’t fully vested in employer contributions, the unvested portion could be lost if they terminate employment before reaching full vesting. Your QDRO should address whether you’re claiming a share of just the vested portion or asking for a share of potential future vesting. This clarity matters and impacts how much you’ll receive.

