Employee and Employer Contributions
Participants in the Michael J. Valente Contracting, Inc. 401(k) Plan likely make regular salary deferrals. The employer—Michael j. valente contracting, Inc. 401(k) plan—may also contribute matching or discretionary funds subject to a vesting schedule.
In a divorce, the employee’s contributions are almost always considered marital property. However, employer contributions might be subject to a vesting schedule. If a participant isn’t fully vested at the time of divorce, the unvested portion may eventually be forfeited. This makes timing critical, and your QDRO must address what happens to the non-vested portion.

