Employee vs. Employer Contributions
The participant’s contributions to the Meridian Living at Manalapan LLC 401(k) Plan are always 100% vested. But employer contributions (matching or profit-sharing) might have a vesting schedule. That means only the portion of those funds that are vested as of the date of divorce or valuation date should be split.
Ensure the QDRO clearly states how to handle any unvested funds. If they become vested later, will the alternate payee receive their share at that time? Or is their share calculated based only on what was vested at divorce? Your agreement should be very specific.

