1. Employee vs. Employer Contributions
In many 401(k) plans, employee contributions are always 100% vested. Employer contributions, however, may be subject to vesting schedules. The Mcgarrah Jessee, Lp Retirement Plan likely includes employer matching—these contributions may not be fully vested if the employee leaves before reaching certain years of service.
When identifying the marital portion, we always determine which funds the employee was vested in during the marriage. Unvested employer contributions may be forfeited upon job termination and are generally not divisible by a QDRO.

