Vesting of Employer Contributions
Many 401(k) plans include both employee and employer contributions. Unlike employee contributions which are always fully owned by the participant, employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the non-vested portion can’t be divided.
In your QDRO for the Meyer Oil Company 401(k) Plan, be sure to:
- Request a statement showing what percentage of employer contributions are vested as of the date of division
- Clarify whether only vested benefits are divided or if future vesting affects distribution

